Employer Refuses Early Conciliation
Where a workplace dispute cannot be resolved internally, an employee may lodge a complaint before the employment tribunal. However, the parties will first be given the opportunity to engage in what is known as ACAS early conciliation. The question is: can an employer refuse early conciliation, or is this a process that they are required […]
Dealing with Conflicts of Interest at Work
In this guide for employers, we consider the risks associated with conflicts of interest at work, and the steps you can take to manage conflicts of interest and to mitigate legal and commercial risk. What are conflicts of interest at work? A conflict of interest arises where an employee’s personal interests are at […]
Grievance Procedure: Steps for Employers
Dealing with grievances in an effective and proportionate way is important when it comes to minimising conflict in the workplace, not to mention the risk of tribunal claims. The following guide for employers sets out the key elements of a lawful grievance procedure, including the possible grievance outcomes resulting from either an informal or formal […]
Mediation at Work: Guide for Employers
Workplace conflict is inevitable in most organisations, and how it is managed will directly influence the outcome – either facilitating resolution in a positive working environment or escalating into wider issues, such as a resignation and a potential tribunal claim. Where a conflict is disrupting the workplace environment and negatively impacting morale, performance and relationships, […]
Protected Conversations: Employers’ Guide
When dealing with difficult, sensitive or complex workplace disputes, protected conversations can provide valuable opportunities to resolve issues between an employer and employee. The following practical guide for employers looks at what a protected conversation is and how they can be most effectively used to help reach an agreement. What is a protected conversation? […]
ET3 Form: Respond to a Tribunal Claim
Defending a claim before an employment tribunal can be a daunting and challenging prospect for employers. To maximise the prospects of a successful defence against a tribunal claim, you will need to prepare thoroughly and complete all the necessary paperwork on time. The following guide for employers sets out the tribunal claims process and how […]
Employee Breach of Contract: Advice for Employers
When an employer and employee enter into a contract of employment, the onus is often assumed to be only on the employer to meet various contractual and statutory obligations — but a contract is two-way. It’s important for both parties to understand the reciprocal nature of the employment contract, including their respective rights and remedies […]
Employer Vicarious Liability Rules
By law, employers can be held vicariously liable for certain acts of their employees. This means even where the employer has itself technically done no wrong, it can still be found responsible for employees’ actions and made to financially compensate the victim of the wrongdoing. The rationale behind the employer vicarious liability rules is to […]
Workplace Investigation Process Steps
Workplace investigations play an important role in resolving disputes at work. If conducted properly, investigations can help to protect the interests of the organisation by identifying wrongdoings and to support the employer with fair, objective and informed decision-making. Handled poorly, however, workplace investigations have the potential to create legal risk and serious reputational harm. While […]
Grievance at Work Guide for Employers
There are various ways that a grievance at work can be dealt with, depending on the nature and severity of the issues being raised. In some cases, a relatively minor matter may be dealt with informally but, if not effectively resolved, this may need to be dealt with by way of a formal grievance procedure. […]