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The importance of investigators not influencing the outcome when it comes to your disciplinary processes

by Anna Denton | Dec 5, 2019 | Disciplinary procedure, Dismissal, Employment Tribunal

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?

by Anna Denton | Aug 28, 2019 | Disability discrimination, Employment Tribunal, Equality Act

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

by Anna Denton | Jul 25, 2019 | Disability discrimination, Employment Tribunal, Equality Act, Mental health

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

by Anna Denton | Jul 19, 2019 | Disciplinary procedure, Employment Tribunal, HR

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?

by Anna Denton | Jul 11, 2019 | Disclosure, Employment Tribunal, Subject Access Request

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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  • The importance of investigators not influencing the outcome when it comes to your disciplinary processes
  • Knowledge November 2019 – Week 4
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