Written Warning (Disciplinary Guide)
An employer can give a written warning to an employee where they have breached the organisation’s disciplinary code, or their work or conduct has fallen short of what is expected. Employers, however, have to ensure they follow a fair and lawful disciplinary process to avoid the risk of tribunal claims. This guide offers employers further […]
What are Sackable Offences?
The following guide for employers examines the issue of gross misconduct, from what this means to the type of conduct that can justify summary dismissal. The sackable offences list will also help to provide HR personnel and line managers with examples of gross misconduct, but this is not exhaustive and every dismissal must be approached […]
Disciplining Twice for the Same Offence?
In most cases, an employee would not be disciplined twice for the same offence. If they were, it may be argued that it was an abuse of process. Nevertheless, if there are unusual circumstances and an employer is looking to reopen disciplinary proceedings that had previously been resolved, would any subsequent disciplinary decision be deemed […]
False Accusations at Work (HR Help)
Employers are required by law to deal with complaints or grievances at work fairly and lawfully. Handling such issues, however, becomes further complicated if you suspect the employee may be making a false allegation. False accusations at work can relate to any kind of untrue claim of wrongdoing made by an employee. While some accusers […]
Employee Stealing from Work?
If you suspect an employee stealing from work or misusing company property without permission, it is likely to come as a shock. Any action you take in response to stealing from work must be fully considered and based on factual evidence to avoid falling foul of legal issues. It is also likely you will have […]
Dealing with Allegations of Managers Bullying Team Members
While strong management styles can be advantageous within the workplace, employers have a duty of care to ensure this does not veer off into allegations of bullying by managers. Employers have a responsibility to protect the mental wellbeing of their workforce and this includes ensuring they are not subject to bullying or harassment, including when […]
Reasonable Adjustments for Mental Health Disabilities
Employees are protected from discrimination at work if they have a qualifying disability under the Equality Act 2010. The obligation on employers to prevent unlawful disability discrimination extends not only to employees’ physical health and visible conditions but also to their mental health and wellbeing. Section 20 of the Act, in particular, gives eligible employees […]
Bringing the Company Into Disrepute
For the most part, employees’ work and personal lives coexist harmoniously side by side. However, there are occasions when an employee’s behaviour or conduct outside of work may be considered to be sufficiently unacceptable to be damaging to the employer’s own reputation. In such situations, the employee can be said to be bringing the company […]
Conducting a Disciplinary Investigation
A disciplinary investigation is where your organisation needs to look further into the conduct of an employee, or to ascertain the facts surrounding an incident or allegation, prior to taking disciplinary action. It is not always the case that a disciplinary investigation will result in a disciplinary hearing. The aim of the investigation is to […]
Capability Dismissal (Guide for HR)
Capability dismissal refers to an employer terminating an employment contract on the basis of poor performance where they have a reasonable belief that the employee is unable to carry out the duties required of them to the expected standards. Employers are permitted to lawfully dismiss employees by reason of poor performance and capability, but they […]