The Employment Law & HR Podcast

Employee Grievances: Part 2 Investigation

This episode of the podcast is the second in a mini series focusing on Grievances and how to deal with them.

There will be at least a further 2 episodes on this topic finishing with an episode on Frequently Asked Questions so if you have a question that you would like covered please email me alison@realemploymentlawadvice.co.uk or leave a comment below.

In this episode I will cover:

  • How to approach the grievance process.
  • Things to consider when assigning a grievance investigator.
  • The importance of planning and setting out the scope and purpose of the investigation.
  • The principles of reasonableness, objectivity and fairness of the investigation.
  • The importance of confidentiality and why it is tricky to manage.
  • How to plan and prepare for meetings with employees and witnesses.
  • Why evidence gathering is essential in assisting you reach the right outcome.
  • How to shape the investigation report and resources available to help.

Action Points

  1. When you receive a grievance from an employee act quickly and assign an investigator.
  2. Ensure that the investigator has appropriate training or resources at hand to assist with the investigation.
  3. Seek advice and expert support at the earliest opportunity if a dispute arises.  

Useful Links

ACAS Code of Practice Here

ACAS Guidance Here

ACAS Guidance on conducting workplace investigations Here

 

As part of our HR Harbour annual subscription service for employers we provide guidance and support with grievances and produce a grievance procedure for our clients. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £180 per month please contact me for a no obligation discussion - alison@realemploymentlawadvice.co.uk or you can find full details here: HR Harbour

Don't forget you can contact us by email alison@realemploymentlawadvice.co.uk or miranda@realemploymentlawadvice.co.uk or by telephone 01983 897003, 01722 653001 or 023 8098 2006

Direct download: Episode_98.mp3
Category:general -- posted at: 3:41pm EST

This episode of the podcast is the first in a mini series focusing on Grievances and how to deal with them.

There will be at least a further 3 episodes on this topic finishing with an episode on Frequently Asked Questions so if you have a question that you would like covered please email me alison@realemploymentlawadvice.co.uk or leave a comment below.

In this episode I will cover:

  • Why it is important to identify a grievance even when it may not be obvious!
  • The importance of handling grievances well.
  • The impact and potential legal consequences of failing to deal with grievances correctly.
  • The starting point for any employer when considering grievances.

Action Points

  1. Have a good internal grievance procedure;
  2. Ensure that managers and HR personnel are aware of how to spot and deal with grievances.
  3. Seek advice and expert support at the earliest opportunity if a dispute arises.  

Useful Links

ACAS Code of Practice Here

ACAS Guidance Here

 

As part of our HR Harbour annual subscription service for employers we provide guidance and support with grievances and produce a grievance procedure for our clients. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £180 per month please contact me for a no obligation discussion - alison@realemploymentlawadvice.co.uk or you can find full details here: HR Harbour

Don't forget you can contact us by email alison@realemploymentlawadvice.co.uk or miranda@realemploymentlawadvice.co.uk or by telephone 01983 897003, 01722 653001 or 023 8098 2006

Direct download: Episode_97_Final.mp3
Category:general -- posted at: 6:00am EST

Can an employee rely on the failure to pay National Minimum Wage to claim constructive unfair dismissal?

In this episode of the podcast I cover a case, which is rather unusual, in that an employee was paid just 33p per hour. When she resigned and claimed constructive unfair dismissal her claims were initially unsuccessful as she did not know that she was entitled to minimum wage and that her employer was therefore in breach. The case is Mruke v Khan in the Court of Appeal.

In this episode I will cover:

  • The National Minimum Wage rates (as below);
  • The unusual facts of this case;
  • Background to a successful constructive unfair dismissal claim.

Action Points

  1. Ensure that you pay the National Minimum Wage - new rates: 25+ £7.83; 21-24 £7.38; 18-20 £5.90; 16-17 £4.20; apprentice £3.70.
  2. Check your salaried employees to make sure that their hourly rate does not drop below the new rates;
  3. Seek advice and expert support at the earliest opportunity if a dispute arises.  

Useful Links

You can read the full case here: Mruke v Khan - Court of Appeal 2018

 

As part of our HR Harbour annual subscription service for employers we provide guidance and support with settlement discussions and documentation. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £180 per month please contact me for a no obligation discussion - alison@realemploymentlawadvice.co.uk or you can find full details here: HR Harbour

Don't forget you can contact us by email alison@realemploymentlawadvice.co.uk or miranda@realemploymentlawadvice.co.uk or by telephone 01983 897003, 01722 653001 or 023 8098 2006

Direct download: Episode_96_Final.mp3
Category:general -- posted at: 6:13am EST

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