The importance of investigators not influencing the outcome when it comes to your disciplinary processes
Clearly you are all familiar with the necessity of having a different person investigating to dealing with the disciplinary hearing and of course a third person dealing with the appeal. This is a core principle of a fair disciplinary process but also when...What do you do if an employee raises something that might be a disability during a disciplinary hearing?
If an employee is accused of misconduct of some kind, their defence may well be that a core part of their condition was behind their behaviour. This is classic section 15 Equality Act 2010 territory. We have seen a string of cases where an employee is found to have...When an employee tries to mask their mental health condition using physical ailments
It is not uncommon for an employer to have an employee presenting with physical ailments when really underlying the position is a mental health condition. An employer can worry about the extent to which they are going to be found liable for disability...Recordings of meetings
Anyone who has worked in HR for long enough will have come across a situation where an employee has, without telling their employer, recorded a conversation with a line manager or even recorded a more formal meeting like a disciplinary hearing. Some...Disclosure in the Employment Tribunal. What do we have to do?
You may be familiar with the standard Tribunal Order that all documents relevant to the issues (submitted as part of the claim) that are in a party’s possession, custody or control, should be disclosed to the other party. This includes both documentation on which the...
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