Malingering, fake illness & disciplinaries
If an employee is genuinely sick or injured, they are entitled to take time off work to recover. If an employer suspects an employee of malingering, and that they may not be genuinely ill or as ill as they claim, the employer can take steps to deal with the concerns. The following guide looks at […]
Disciplinary procedure guide for managers
Embarking on a formal disciplinary procedure may become necessary to ensure that any unacceptable or improper behaviour at work, or poor performance matters, that cannot be resolved informally, are appropriately addressed in a fair and lawful manner. The following guide for employers, line managers and HR personnel examines the rules relating to disciplinary procedures, providing […]
Dealing with misconduct at work
Misconduct at work relates to behaviour deemed by an employer to be unacceptable in the workplace environment. Misconduct can have the effect of damaging a business’ reputation as a fair employer or a trustworthy company to deal with. It can cause damage to the property and belongings of the business and can lead to complaints […]
No Fault Divorce: Where Are We Now?
Getting a divorce can be an extremely difficult and emotionally challenging time for the former couple. Yet even where both ex-partners are in agreement that divorce is the only option, the law at present in England and Wales does not allow a ‘no-fault divorce’. Under current rules, to legally divorce, blame must be attributed to […]
How Does Divorce Affect Your Pension?
When it comes to divorce or civil partnership dissolution, all financial assets have to be put out in the open, and this includes all pensions you and your ex-partner have built up. Pensions are a valuable asset, particularly for older people who have amassed sizeable funds, so it will be vital to understand how they will […]
How to Get a Non Molestation Order
For victims of domestic abuse, a non molestation order can be used to prevent your abuser from harassing you further. In this article, we explain how to apply to court to get a non molestation order and what to do if you need to make an emergency application. What is a non molestation order? A […]
Failure to make reasonable adjustments
A failure to make reasonable adjustments refers to a breach of the employer’s duty to ensure that workers and applicants are not substantially disadvantaged in carrying out or applying for a job because of a disability when compared with people who do not have a disability. This is a statutory duty that most employers are […]
Employee stealing from work?
If you suspect an employee stealing from work or misusing company property without permission, it is likely to come as a shock. Any action you take in response to stealing from work must be fully considered and based on factual evidence to avoid falling foul of legal issues. It is also likely you will have […]
False accusations at work: HR help
Employers are required by law to deal with complaints or grievances at work fairly and lawfully. Handling such issues, however, becomes further complicated if you suspect the employee may be making a false allegation. False accusations at work can relate to any kind of untrue claim of wrongdoing made by an employee. While some accusers […]
Bringing the company into disrepute
For the most part, employees’ work and personal lives coexist harmoniously side by side. However, there are occasions when an employee’s behaviour or conduct outside of work may be considered to be sufficiently unacceptable to be damaging to the employer’s own reputation. In such situations, the employee can be said to be bringing the company […]
What is a protected disclosure?
Whether an employee’s complaint is classed as a protected disclosure is critical to determine if they are protected as a whistleblower. By understanding the meaning of a protected disclosure within the context of whistleblowing, this can help employers to respond appropriately to employee concerns and complaints about any wrongdoing at work without falling foul of […]
Dealing with allegations of managers bullying team members
Employees are protected by law from bullying. Yet bullying in the workplace is most commonly cited as coming from those in a position of seniority such as managers. What should an employer do if a manager is being accused of bullying at work? What do we mean by bullying at work? There is no legal […]
Drug testing in the workplace
Drug-testing in the workplace can often be a difficult and daunting issue for employers and HR personnel to handle, where it is important to strike a balance between the individual rights of your employees with the health and safety of your workforce and the wider public. Below we look at the rules relating to drug […]
Dealing with a malicious grievance
Being on the receiving end of a complaint at work can be an extremely stressful and worrying time, especially where the grievance raised is vexatious, malicious and deliberately intended to make life difficult for you. Below we look at how to deal with a malicious grievance at work, either as an employer or senior employee, […]
Conducting a disciplinary investigation
A disciplinary investigation is where your organisation needs to look further into the conduct of an employee, or to ascertain the facts surrounding an incident or allegation, prior to taking disciplinary action. It is not always the case that a disciplinary investigation will result in a disciplinary hearing. The aim of the investigation is to […]
Grievance procedure steps
A grievance is a work-related complaint brought by an employee. Grievances should be used to bring issues to the employer’s attention for the matter to be investigated and resolved fairly. Examples of reasons for making a work-related grievance can include health and safety concerns, harassment from another member of staff, the behaviour of a line […]
Conducting remote disciplinary & grievance hearings
Following the enforced period of homeworking under lockdown, increasing numbers of employers are now considering the benefits of allowing remote working on a longer term, and even permanent, basis. With this development comes specific workforce management issues, such as whether disciplinary and grievance hearings can and should be conducted remotely. For employers, it is a […]
Objective justification: discrimination defence?
When can an employer defend an act of either direct or indirect discrimination by reason of objective justification? As an employer, you are under a statutory duty not to discriminate against any member of staff, or even against a prospective job applicant. That said, there are some circumstances in which you may have a good […]
Collective bargaining: employer guidance
The following guide examines the process of collective bargaining from an employer’s perspective, from the different types of collective bargaining and union recognition within the workplace, to how best to approach collective bargaining negotiations with a recognised trade union. What is collective bargaining? Collective bargaining is the official process by which representatives of trade unions […]
What are fair reasons for redundancy?
Redundancy is classified as a potentially fair reason for dismissal, provided that it is carried out properly and the employer follows a lawful process. If the redundancy is not genuine, the correct process is not implemented or the reasons for an employee’s redundancy are unfair, the dismissed employee may be able to bring a claim alleging […]