Disciplinary & Grievance Procedures | Jobsworth by Michael Scutt

Case Round Up 25th January 2010

Posted on 25/01/2010 by Michael Scutt • 0 Comments

There have been some interesting reported cases over the last couple of weeks on a broad range of topics. For instance,

Legal Representation at Internal Disciplinary Hearings

This is a preview of Case Round Up 25th January 2010. Read the full post (600 words, estimated 2:24 mins reading time)

Filed Under: Age Discrimination, Case Round Up, disability discrimination, Disciplinary & Grievance Procedures

How not to warn an employee

Posted on 29/11/2009 by Michael Scutt • 0 Comments

How not to warn an Employee

A picture is said to be able to say a thousand words – how many does a video say then? I’ve been trawling through YouTube for videos on employment law to illuminate, educate or, hopefully, just to amuse. This video – produced by students at the University of the West of England (UWE) – deals with the issue of how to warn an employee for misbehaviour. It’s good at bringing a difficult subject to life. However, when I first watched it I thought it might not have had education as its main purpose …

This is a preview of How not to warn an employee. Read the full post (111 words, 1 image, estimated 27 secs reading time)

Filed Under: Disciplinary & Grievance Procedures, Miscellaneous Stuff

What is a reasonable belief?

Posted on 26/11/2009 by Michael Scutt • 0 Comments

As Annabel Kaye of Irenicom points out in her very useful article on the subject on the The Grapevine online magazine the concept of reasonable belief crops up throughout employment law – particularly in dismissals. In the case of Taylor v Alidair CA 1978 ICR 445, CA Lord Denning got to the nub of the matter with his customary succinctness;

“Whenever a man is dismissed for incapacity or incompetence it is sufficient that the employer honestly believes on reasonable grounds that the man is incapable and incompetent. It is not necessary for the employer to prove that he is in fact incapable or incompetent”

This is a preview of What is a reasonable belief?. Read the full post (160 words, estimated 38 secs reading time)

Filed Under: Disciplinary & Grievance Procedures, Practice & Procedure, unfair dismissal

Contracts of Employment – what you need to know

Posted on 20/10/2009 by Michael Scutt • 0 Comments

In a bit of a departure from normal practice here I am uploading a copy of a presentation I gave at the City Business Library today. It may be a bit cryptic if you weren’t there to hear it and please contact me if you require further assistance or explanation. You can find it at my Slideshare site, which is here;

http://www.slideshare.net/michaelscutt/contracts-of-employment-201009f

Permanent link to this post (60 words, estimated 14 secs reading time)

Filed Under: Contracts of Employment, Disciplinary & Grievance Procedures

The new Grievance Procedures explained

Posted on 20/04/2009 by michaelscutt • 0 Comments

I have just stumbled upon a blog called “Employment Tribunal Claims” (thanks to Usefully Employed for bringing it to my attention) which provides a succinct explanation of the new rules. I recommend everyone to read it and wish I had come upon it sooner. Here is the link: http://etclaims.co.uk/

(Do note the date, if in doubt)

Permanent link to this post (58 words, estimated 14 secs reading time)

Filed Under: Disciplinary & Grievance Procedures

The new statutory disciplinary and dismissal procedures

Posted on 06/04/2009 by michaelscutt • 3 Comments

For T.S Eliot, April was the cruellest month. For employment lawyers it can be the busiest because of the plethora of new legislation and statutory instruments being introduced. This year is no different and today sees The Employment Act 2008 come into force, replacing the discredited Employment Act 2002 (Dispute Resolution) Regulations 2004. In The Wasteland, TS Eliot wrote “what are the roots that clutch, what branches grow out of this stony rubbish?”. Admittedly Eliot was talking about the human condition and the moral and spiritual bankruptcy of modern society, rather than the 2004 regulations, but there is even so great resonance in those words for employment lawyers. Few people have had anything good to say about the rules and today they are abolished, replaced by a set of rules that are much less rigid but will give rise to other problems in the future.

This is a preview of The new statutory disciplinary and dismissal procedures. Read the full post (735 words, estimated 2:56 mins reading time)