Dmitri was suspended from work for allegedly assaulting a colleague. Susan was suspended on pay while an investigation was being carried out into approximately half a dozen allegations of misconduct. When they came to me for advice they were very much focused on the procedure adopted by the employer to date. Too focused, in my … Read more
A decision delivered by the Court of Appeal at the end of October 2018 throws further light on this question of the right to legal representation in the workplace during disciplinary hearings. This issue was thrown into some degree of confusion by what appeared to be inconsistent High Court decisions in the cases of Lyons … Read more
If I am representing an employee in an unfair dismissal case I will nearly always argue that the sanction of dismissal was excessive and disproportionate. That a reasonable employer would not have gone that far, and a lesser sanction would have been more appropriate. The employer, or his representative will claim that the action was … Read more
Suspension with full pay. Not a problem for the employer? Think again. A High Court decision from April, 2015 provides helpful clarification about suspending an employee as a precautionary measure pending an investigation. This would be the default position for many employers where there is an allegation against an employee and an investigation is to … Read more
This is only a short book. But it could save you a lot of money. 80% of successful claims for unfair dismissal are won by employees because the employer has failed to afford fair dismissal procedures in carrying out the termination. In plain English, they have botched the procedure. This book addresses this costly failing. … Read more