Employment Law Update - How to be a good witness
27 / 09 / 2011
One of the things we address in our employment law training is how to prepare for employment tribunals. Many years ago I inherited a tribunal claim. The employer had made some serious errors and was culpable. But he refused to settle, wanting his day in court. As a witness he was a nightmare. He turned up wearing a rather aggressive...
Employment Law Update – Preparing witnesses for Employment Tribunal
26 / 09 / 2011
During an employment law workshop recently, we discussed the role of witnesses. If you have dismissed an employee or dealt with the appeal and there’s a subsequent employment tribunal claim, you’re probably going to have to give evidence. It can be quite daunting, so I thought I’d put together some notes to help witnesses prepare for what to expect and...
Employment Law Update – Let the punishment fit the crime
02 / 09 / 2011
After he has heard all the evidence at a disciplinary hearing, the disciplining officer must decide whether it is appropriate to award a disciplinary sanction. It is important that any disciplinary action taken is proportionate to the misconduct which has occurred, so before deciding whether to impose a disciplinary sanction and what sanction to impose (e.g. first warning, final warning...
Employment Law Update – Holiday Entitlement and Sickness
11 / 08 / 2011
Following the decisions in the Stringer and Pereda cases in 2009, we know that an employee who is long term sick accrues holiday during the period of his sickness absence. However, the Working Time Regulations require an employee to request the time off in the relevant holiday year. So the question may arise what happens if he does not make...
Employment Law Update – Employers Guide to Ramadan
05 / 08 / 2011
Ramadan started on 1st August. Muslims (including those who may not normally practice or pray) take the holy month extremely seriously. During this time participating Muslims fast during daylight hours and offer special prayers. Employers can do a number of things to help ensure those who are participating in the religious observance, and those who are not, are dealt with...