Is the suspension of an employee under investigation always fair?
Many employers automatically suspend an employee accused of misconduct while they investigate the allegations. Many employees don’t object.
The importance of following the ACAS Code for investigation and disciplinary matters
A fair dismissal must be preceded by a reasonable investigation, to establish the facts of the case.
Indirect discrimination in a Dress Code and Appearance Policy
An employment tribunal has recently looked at indirect discrimination and how it applies to dress codes. Indirect discrimination is where an employer applies a policy or practice to all employees,
Parental bereavement leave
The government has announced that parents will be entitled to bereavement leave from 6 April 2020 (subject to parliamentary approval). Employees who lose a child under the age of 18, or who suffer a stillbirth from 24 weeks of pregnancy, will be entitled to two weeks’ leave
Philosophical belief discrimination
The Equality Act 2010 protects people from discrimination based on their philosophical beliefs. In order to be protected, the belief must be: Genuinely held; Be a belief not an opinion or viewpoint; Concern a weighty or substantial aspect of human life; Have attained a certain level of cogency, seriousness or importance (in a similar way…
Worker status
Workers don’t have as much employment protection as employees but do have important legal rights such as paid holiday and the right to be paid the national minimum wage.
Sex discrimination
Section 18 of the Equality Act 2010 deals specifically with pregnancy and maternity discrimination. A woman bringing a claim under section 18 does not need to show that a male comparator would have been treated more favourably (they can’t, because men cannot be pregnant or go on maternity leave).
TUPE Transfers and ‘Workers’
TUPE is a legal mechanism which protects employees when the business they work for transfers to a new owner.
Whistleblowing
A dismissal will be automatically unfair if the main reason for the dismissal is the fact that the employee has ‘blown the whistle’ on malpractice.
A world of noise
We live in a world of noise, whether that be though personal headphones, the work equipment we use or that is being used near to us. For these reasons we often overlook the significant harm that noise can cause.