What are your options with disciplinary action & double jeopardy

In this episode of the podcast I cover a listener question, which asks, how far back can you go with a disciplinary issue? and can you resurrect an issue that a previous manager dealt with informally but you now feel should have been dealt with as a formal disciplinary issue? 

In this episode I will cover:

• The risks if you dismiss an employee for an issue that has previously been dealt with informally.
• A case where employees were 'tried' twice for the same issue by their employer and found to have been fairly dismissed.
• A case where an employee was given a warning to start with and then subsequently dismissed and it was found to be unfair.
• The test of reasonableness and why it is relevant to disciplinary decisions.
• Why the manager's behaviour in this scenario could be seen as bullying.
• What you should consider if you are in similar circumstances.
• Double jeopardy or res judicata in respect of employment issues.

Action Points

1. Ensure that you and any managers, supervisors and decision makers in your business are trained on your standards of conduct and understand how to handle conduct issues correctly the first time;
2. Review your disciplinary procedure and rules and ensure that you have a good and easy to follow process in place;
3. Seek advice if you are unsure about the situation.

We offer training in respect of the correct ways to handle disciplinary processes and we can also review and advise on your procedures for you so please do get in touch if we can be of any assistance.

Useful Links

Sarkar v West London Mental Health NHS Trust 2010

Christou and another v London Borough of Haringey 2013

Williams v Leeds United Football Club

Episode 108  of the Podcast

Please do leave any comments or observations you have on this case below. Please ensure that any comments are respectful to all views and opinions.

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

Big thanks to Leslies Motors who have loaned us a new Kia Ceed to trial for the month - www.lesliesmotors.co.uk

A summary of the decision in the Supreme Court Discrimination case of

Lee v Ashers Baking Company Limited

In this episode of the podcast I cover with the high profile case which has become known as the 'Gay Cake' case, in which the Ashers Baking Company Limited refused to create and sell a cake to Mr Lee containing the slogan 'Support Gay Marriage'. Although not an 'employment' case it is relevant to the area of discrimination in employment. 

In this episode I will cover:

• The basis in law for the claim.
• The facts of the case.
• A summary of the supreme court decision.
• My thoughts on the case and why this judgement was the outcome.
• Comparison from a 'similar' case in Colorado in the US.

Action Points

1. Ensure that you and any managers, supervisors and decision makers in your business are aware of the law regarding discrimination and the potential implications in the service or goods you sell/provide, as well as in respect of employees;
2. Get some specific training for staff in Equality & Diversity and update regularly;
3. Check any policies and procedures that you have in your business to ensure they are compliant with your obligations under the Equality Act.

We offer training on Equality and Diversity for staff and we can review your contracts, procedures and Handbooks for you so please do get in touch if we can be of any assistance.

Useful Links

Lee v Ashers Baking Company Limited - Supreme Court Judgement 

BBC Report on Case

Masterpiece Supreme Court Case from Colorado - CNN news piece

Please do leave any comments or observations you have on this case below. Please ensure that any comments are respectful to all views and opinions.

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

Big thanks to Leslies Motors who have loaned us a new Kia Ceed to trial for the month - www.lesliesmotors.co.uk

A guide to Wrongful Dismissal: What is it and when is it applicable?

Following a suggestion by a podcast listener in this episode of the podcast I cover an overview of Wrongful Dismissal and summarise the information you need to know as an employer, business owner or HR professional. 

In this episode I will cover:

• The basis in law for a claim for wrongful dismissal.
• The difference between unfair dismissal and wrongful dismissal.
• The time limits for bringing a claim for wrongful dismissal.
• The potential damages/compensation an employee could receive.
• Why it is important to ensure that your disciplinary procedure is not contractual.
• The impact of a wrongful dismissal claim on post-termination restrictions.

Action Points

1. Review the length of notice periods in your employee contracts to ensure that they are not excessively long;
2. Seek advice before dismissing an employee without notice;
3. Review your employment contracts and Handbooks to ensure that the procedures are not contractual.

Useful Links

Brandeaux Advisers (UK) Ltd and others v Chadwick [2010] EWHC 3241 (QB)

Dunn v AAH Ltd [2010] EWCA Civ 183

Williams v Leeds United Football Club [2015] EWHC 376

Neary and another v Dean of Westminster [1999] IRLR 288,

Episode 46 – Farnan v Sunderland FC

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