discipinary Archives - Goldenleaver
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Have faith - final warnings are useful. They are easily given, difficult to appeal and can be relied on.  A tribunal can't generally look behind a final warning and if an employee with a final warning steps out of line again, even in a relatively minor way, they can legitimately be dismissed for misconduct. But what happens if the final warning was given in bad faith?  Surely, the process is unfair? The answer is:  yes, it is. However it took two appeals and for the...

.. made for a fair dismissal in the case of Game Retail Ltd v Laws - although it was the content and context of Mr Laws’ tweets that were the problem, not their number. This was one of them: ‘This week I have mainly been driving to towns the arse end of nowhere… shut roads and twats in caravans = road rage and loads of fags smoked’. "Not so bad", you might say.  "I've heard worse on daytime TV", you might also say. And...

The proposition (in the eponymously titled book) that "fat is a feminist issue" apparently caused much debate, initially in the late 1970s and early 1980s, when its author, Susie Orbach, suggested (among other things) that women were fat (and what follows is a simplistic paraphrasing of her work) because of an unconscious desire to be fat in order to protect themselves against the oppression of being expected to be as thin as the supermodels of the day and to conform...

An employee's secret recordings of private discussions at disciplinary and grievance hearings may be admissible as evidence in subsequent tribunal hearings. Can recordings of private discussions that have been made secretly by an employee who is taking part in a disciplinary or grievance hearing be used in an employment tribunal hearing? In the recent case of Punjab Bank v. Gosain, the EAT decided that the answer is - "yes they can" - particularly if the panel members' private comments were not part...

Often a small employer faces the dilemma that having investigated an issue of misconduct and carried out a disciplinary hearing, there is no senior manager who was not previously involved in the case available to deal with any appeal. The employer will be concerned that a dismissal will be unfair if it cannot provide an independent appeal process. Equally, the employer is loath to lose control of the process and have someone outside the organisation hear the appeal when they...

Once again, the Employment Appeal Tribunal has managed to issue a judgment that many people think fails to reflect the reality of managing workers in the real world. The judgment deals with who an employer must permit a worker to bring as a companion to a formal disciplinary or grievance hearing. The Employment Rights Act 1999 provides that a worker may ask to bring: a colleague a trade union representative, or a trade union official to such a hearing; and sets out what that companion can...