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Looking into workplace investigations, part 4 – respecting the rights of...
When drawing up your preliminary note of what you need to know as the product of your investigation, remember that the people being investigated have rights too. Some we will come to later in this...
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Looking into workplace investigations, Part 5 – seeking truth, justice or...
Decades of presenting employment law training have taught me that if you ask seasoned HR audiences what they think employees usually want from a grievance, they will generally lie. “Justice“, someone...
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Looking into workplace investigations, Part 6 – preparing the statutory...
Once you have done all the scoping out and refining of allegations you can before starting your investigation, there will come the point where you have to raise the allegations made with the people...
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Looking into workplace investigations, Part 7 – the inclusivity imperative (UK)
The increased spotlight upon D&I matters which seems to be replacing covid as our clients’ dish of the day shines upon investigations too. How you investigate employees’ disclosures or complaints...
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Looking into workplace investigations, Part 10 – sticking to the brief? (UK)
One question which may come up at or before you plunge into your investigation questions is that of legal representation at the meeting for the witness. If the employee says that he wishes to bring...
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Constructive criticism – last straw dismissal decision overturned by EAT (UK)
Every so often there comes along a case which is not madly interesting on its own facts (stay with me here) but which still serves as a useful future touchstone on a particular issue. If your...
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“All the right notes, but not necessarily in the right order”– previewing...
Nearly 700 sign-ups for our workplace investigations webinar earlier this month gives a clear indication that this once relatively unfashionable area of HR law and practice is very much dish of the...
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Looking into workplace investigations, Part 12 – reporting fit for the job (UK)
So you have asked your questions and made your notes and looked at any relevant documents. You have formed the necessary views about what happened if that is the question or why it did if that is the...
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Knew this would happen – entirely predictable problems with new working...
Last week the government voiced its support for the new Workers (Predictable Terms and Conditions) Bill, the endeavour of MP Scott Benton to combat “one-sided flexibility”, where “workers are on...
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Belgium – “Who you gonna call?” — appointment of a person of trust mandatory...
While some are already hanging up the Christmas decorations and squeezing back into their Christmas jumpers, the Belgian legislator has picked the festive season to introduce a number of new measures...
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Pre-nups in employment contracts – not a marriage made in heaven (UK)
In its judgement in Zabelin -v- SPI Spirits and Shefler this month, the Employment Appeal Tribunal has offered a refresher course on some important questions around protected disclosures, contracting...
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When can a workplace grievance lead to a defamation claim? (UK)
There will be few in HR who have not at some point heard an employee say that he is so incensed by something said about him the course of disciplinary or grievance procedures that he is going to sue...
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Grievances in the Workplace Webinar – Follow-up questions answered, Part 1 (UK)
During our recent webinar on Grievances in the Workplace, we received some questions via the chat facility that we will address in a couple of blogs over the next few weeks. First off, we have a...
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Grievances in the Workplace Webinar – Follow-up questions answered Part 2 (UK)
During our recent webinar on Grievances in the Workplace, we received some questions via the chat facility. We addressed two of these here – below we have answered a few more. What advice, guidance,...
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What’s the harm? Loss and damages in defamation and malicious falsehood claims
In the third and final part of our series on defamation claims in an HR context, we look at a recent Supreme Court judgment that shines a light on the often difficult issue of the harm caused – and...
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