What to Do When Accused of Gross Misconduct
If you are being accused of gross misconduct at work, you will need to act quickly to understand your options and next steps. We look at some common concerns of employees facing disciplinary action at work. What is misconduct? Workplace misconduct relates to unacceptable actions and behaviours that justify the employer in taking […]
Whistleblowing Policy: Guide for Employers
UK employees are entitled to certain protections if they make a disclosure in the public interest regarding their employer’s actions. For organisations, the most effective way to meet their legal obligations to protect whistleblowers is to implement a whistleblowing policy that ensures a consistent, effective and compliant approach to handling these complaints. In this guide, […]
Sleeping On The Job: Employer Strategies & Policies
Sleeping at work is generally not allowed, due not only to productivity issues, but also because of potential health and safety hazards, depending on the employee’s role and responsibilities. Employers should be clear on the rules around sleeping on the job, and the consequences facing employees if they are found have been asleep while at […]
Capability Dismissal: Employer Guidance
A capability dismissal refers to an employer terminating an employment contract on the basis of the employee’s underperformance or ill-health. Employers are permitted to lawfully dismiss employees due to poor performance, but in doing so they must follow a fair process. This means, among other requirements, that the employer has to have a reasonable belief […]
Dealing with False Accusations at Work
False accusations at work refer to when an employee is wrongly accused of misconduct, poor performance or inappropriate behaviour. Such situations can create significant challenges for UK employers, as they impact workplace morale, employee wellbeing and organisational culture. Handling these allegations fairly and effectively is essential to avoid damaging morale and potential legal claims. Employers […]
Breach of Employment Contract: Guide for Employers
If an employer or employee breaks or fails to meet terms under the employment contract, they may be in breach of the employment contract. Breach of an employment contract can include anything from relatively minor breaches, such as an employer’s failure to pay an employee’s expenses on the correct date, to fundamental breaches of contract […]
Understanding COT3 Agreements: Complete Guide
A COT3 agreement is a legally binding settlement used to resolve workplace disputes. It is commonly used as an alternative to tribunal proceedings, allowing both parties to settle claims quickly and avoid litigation. Proper use of COT3 agreements can resolve disputes efficiently and maintain workplace relationships. The agreement is typically negotiated through Acas Early Conciliation, […]
Performance Improvement Plan: Managers’ Guide
When an employee is underperforming at work, it can be a tricky and sensitive situation for managers to deal with. Mishandling the issue can potentially lead to complaints or even tribunal claims if the result is a capability dismissal. Putting in place a performance improvement plan (PIP) is generally recommended to help support an employee […]
Swearing at Work: Advice for Employers
Swearing at work refers to the use of inappropriate, offensive or profane language in the workplace. Whether or not swearing at work is acceptable will depend on the context and the employer’s expectations of its workforce. In some working environments, swearing may be commonplace and culturally accepted as part of everyday communication between colleagues. But […]
Capability Procedure for HR & Managers
A capability procedure is a formal process used by employers to address an employee’s underperformance due to a lack of skill, knowledge, or ability, rather than misconduct. It ensures that employers manage performance issues fairly, transparently and in line with employment law. However, in practice, correctly following a capability procedure can be a practical and […]