Misconduct investigations and poor performance procedures

Employers need to be even more cautious when disciplining or dismissing staff for poor performance or misconduct, following a recent  Court of Appeal decision.  The case increases the burden on employers when they are conducting a misconduct investigation and disciplinary proceedings that could taint an employee's professional reputation.  The Court decided that failures in a disciplinary process led to the unfair dismissal of two nurses accused of tying a patient to a chair.

Therefore it is more important than ever for employers to ensure that the investigation, disciplinary process and appeal carried out by the business is fair and thorough, and that there is clear evidence of misconduct, particularly if a dismissal is likely to result in the loss of an individual's future career in their chosen profession.

Renney and Co Solicitors' checklist on this subject sets out the key issues your business should consider when conducting a disciplinary procedure connected with misconduct or poor performance.

Dismissal for posting promiscuity comments on Facebook was fair

A male employee who claimed he was unfairly dismissed after he was sacked for posting vulgar comments about the promiscuity of a female colleague on his Facebook page has had his claim firmly rejected. An employment tribunal decided that his dismissal was entirely reasonable in the circumstances, and although the comments did not bring the employer's reputation into serious disrepute, the harassment of a colleague was sufficiently serious on its own to justify the dismissal of the employee for gross misconduct.

The man’s claim that his human rights to privacy (under the European Convention on Human Rights ) had been breached by his employer by accessing his Facebook page was also rejected, and he was told that because he had made his comments public, he had waived any right to privacy he may have had.

The decision adds to the emerging case law on misconduct dismissals involving social media, and emphasises the need for all employers to check their staff handbook to ensure that they have the correct policies in place to deal with these issues.

If you need advice in this area of employment law, please get in touch with Renney and Co Solicitors.

Government admits new Youth Contract puts employers at risk of discrimination

The Government's own guidance has warned that employers could be sued under age discrimination laws for taking part in Nick Clegg's £1bn scheme to get young people jobs. They admit that people over the age of 25 may have a case against employers who use the Youth Contract programme because they are more likely to lose out on jobs to younger applicants.

At Renney & Co, Employment Solicitors in Bath, we are looking at the new scheme and can provide help to busniesses on how to avoid unlawful discrimination at recruitment stage.

Changes in rules for Apprenticeships come into force on 6th April

The Apprenticeships (Form of Apprenticeship Agreement) Regulations 2012 come into force on 6 April 2012. The regulations prescribe the form that must be used to enter into an apprenticeship agreement under the Apprenticeships, Skills, Children and Learning Act 2009. Under section 35 of the Act, an apprenticeship agreement entered into under the Act has the status of a contract of service and not a contract of apprenticeship.

The regulations state that apprenticeship agreements must contain the basic terms of employment required to be given to employees under section 1 of the Employment Rights Act 1996. This can be in the form of a written statement of particulars of employment, a written contract of employment or a letter of engagement. The regulations also require the agreement to include a statement of the skill, trade or occupation for which the apprentice is being trained under the relevant apprenticeship framework.

The regulations contain separate provisions for apprenticeship agreements in relation to Crown servants, House of Commons staff, and members of the armed forces.

If you need advice on contracts for your apprentices get in touch with Renney and Co.....

£4.5 million award made in discrimination case – largest ever

In an employment law first, an NHS Trust and three senior employees have this month been ordered to pay £4.5 million in compensation to a female obstetrician. The obstetrician was subjected to harassment, criticism, false allegations and "a lengthy and wholly unauthorised period of suspension" before disciplinary proceedings began, resulting in her dismissal.

The award was made up of £1.1 million for loss of past and future earnings, £600,000 for loss of pension, damages for injury to feelings and exemplary damages against the Trust. It is thought to be the largest award in a UK discrimination case.

Renney & Co’s checklist sets out the different types of discrimination that can occur within the workplace and highlights practical steps businesses can take to help avoid breaching discrimination and harassment law.

If you need help with any of these issues ring us on 01225 326435

2 year unfair dismissal qualifying period only to affect new joiners

On 6 April 2012 the qualifying period for unfair dismissal will increase from one to two years. When the government announced this change in October 2011, it gave no indication how it would affect existing employees who may already have qualified for unfair dismissal rights.

Although BIS has not yet made a formal announcement, Renney & Co understand that, subject to Parliamentary approval, the new two-year qualifying period will only apply to employees whose employment begins on or after 6 April 2012. Those who are already in employment before that date will retain the current one-year qualifying period. Interestingly, the Conservative government adopted the same approach in 1985 when increasing the qualifying period to two years.

The change comprises part of the government's declared initiative to improve business confidence and boost economic growth.

If you need help on any area of employment law, please get in touch with Renney and Co Solicitors in Bath.

What exactly is employment law?

"Employment laws" are what is put into place to protect employees from any mistreatment by their employers and have become a vital part of a country's efforts to protect its citizens.

Most countries have their own version of laws protecting workers, but in general, employment laws address the following concerns:

employees being overworked,

placed in an unhealthy or dangerous environment, or

rendered unable to work without appropriate compensation.

In some countries, employment laws also guarantee that workers can't be unfairly discriminated against plus it allows foreigners a period of time during which they can legally work in the country.

If you would like to discuss how employment law effects you or your business, please get in touch with me.