Accurate note taking during disciplinary hearings can become critical if decisions are later challenged through appeals, grievances or Employment Tribunal claims. This article explains why disciplinary records matter, common note-taking mistakes SMEs make and how clear, evidence-led documentation can help businesses manage formal HR processes more fairly and consistently.
The UK Agency Workers Regulations (AWR) 2010 ensure that temporary agency workers are entitled to the same basic working and employment conditions as directly-hired staff. They guarantee equal treatment regarding pay, working time, and holidays after a 12-week qualifying period, alongside “day one” rights.
The Employment Appeal Tribunal (“EAT”) has held that the dismissal for failing to agree to new terms and conditions following TUPE transfer was automatic unfair dismissal
Disciplinary hearings can become high-risk very quickly for SMEs, particularly where serious allegations or dismissal are being considered. Employers should ensure disciplinary decisions are supported by fair investigations, clear evidence, proper documentation and consistent procedures. This article explains common disciplinary hearing mistakes and why preparation, process and proportionality are essential for reducing legal and employee relations risks.
The Court of Appeal has ruled that workers are entitled to take annual leave when off sick and claim payment in lieu when their employment terminates
Allegations of dishonesty can be difficult and high-risk for SMEs to manage, particularly where trust has broken down or dismissal is being considered. However, employers should avoid making rushed decisions based on suspicion or assumptions alone. This article explains why fair investigations, evidence-led decision making, documentation and proportionate disciplinary procedures are essential when managing workplace dishonesty concerns.
Read my Top Tips to what you can do if you suspect dishonesty, if a theft occurs and how to deal with an allegation of dishonesty and rebuild trust afterwards.
Once notice of termination has been given, it cannot be withdrawn unilaterally, whether by the employer or the employee. The notice period can only be shortened or extended by mutual consent.
This eagerly awaited judgment provides clear guidance in relation to retirement policies after the Default Retirement Age was abolished in October 2011.
In some cases, it may be appropriate for you to suspend an employee from work pending the completion of an investigation. However, given the serious implications of suspension for an employee, including for his or her morale and professional reputation, you must ensure that the circumstances of the case justify it, and that it is necessary to ensure a fair investigation. Suspension will not be necessary in every case.
Read my Top Tips to suspending an employee and download my template letter to confirm a period of suspension.
In the case of Capita Hartshead Limited v Ms Byard, Ms Byard was employed by Hartshead as an actuary. The number of her clients diminished so she was not left with enough work for a full-time role. This reduction was not due to Ms Byard’s performance but because some of the pension schemes she worked on had been wound up or Hartshead had lost the client.
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