Managing Migrant Workers
16 / 02 / 2011
A couple of weeks ago, a client had a visit from the UK Borders Agency. Fortunately they had done their checks when recruiting employees and the visit passed off without incident. The Immigration, Asylum and Nationality Act 2006 came into force in February 2008. As an employer, you may be presented with a document, or documents, from one of two...
Workplace Investigations: Monitoring Email And Internet Usage
04 / 02 / 2011
Part and parcel of managing people is getting involved in the disciplinary process. The most common concern relates to poor work performance, where an employee can’t meet the organisation’s reasonable requirements. Misconduct arises where an employee won’t (as opposed to can’t) meet your reasonable management requirements. If you suspect misconduct, it is essential to carry out an investigation to establish...
Investigations – Taking A Holistic View
21 / 01 / 2011
When carrying out an investigation, employers must look at misconduct allegations in wider context. A failure to do so can result in a finding of unfair dismissal. This was considered in the case of Aslam v BBC [2010] Ms Aslam joined the BBC as a radio producer in its World Service Urdu section in 2004. Problems arose in the section...
I Hate The Data Protection Act!
17 / 01 / 2011
Soapbox day today...... In principle, it’s a good idea, but unfortunately, it’s misunderstood, misapplied and is a good cover for jobsworths to be unhelpful. Here are some examples, all true. What’s brought on my bout of irritation today is this. I came home to find yet another letter from the TV Licensing People. It’s addressed to someone who used to...
Ideal Investigations
07 / 01 / 2011
If an employee engages in serious misconduct, the starting point is to carry out an investigation to establish the facts. To ensure impartiality, the investigation should be carried out by someone other than a potential disciplining officer. To gain insight into what’s required of employers, it can be useful to review tribunal decisions. In one case an employment tribunal found...