Are you an employer or employee involved in a disciplinary procedure in the workplace? If you are you need to be clear about the rules that should apply to such procedures, including at the investigatory stage and the ultimate disciplinary procedure where a sanction may be imposed. The High Court has recently handed down three … 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
It happens the best of us, you know. The botched workplace investigation Do you worry about the disciplinary procedures in your workplace? Have you been told about the eye watering, stomach churning awards when the inevitable unfair dismissal claim comes on for adjudication? Let’s be honest. A badly executed workplace investigation can prove to be … Read more
Unfair dismissal claims made up 31% of all claims to the Employment Appeals Tribunal in 2012. And of the cases which were won by employees against employers, roughly 80% were lost on the grounds of unfair procedures. Many employers fail to understand that regardless of how bad the performance of the employee, regardless of the … Read more