Poor disciplinary record and dismissal

Some employers will be familiar with the employee who goes through all stages of the disciplinary procedure; only to keep their record clean until the last warning has expired before then re-offending. What can you do? Employment Tribunals can look at a wider picture when assessing the fairness of a dismissal – that is was […]

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The “Band of Reasonable Responses”

No, not a new pop-group but instead an important criterion when deciding whether to dismiss an employee. Recently, in dismissing a security guard for smoking, the action of an employer (Shield Security Services) fell outside a range of responses that a “reasonable” employer might take. It cost them dear. The security guard was found smoking […]

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Institute of Directors demands ‘compensated no fault dismissal’!

The Institute of Directors (IOD) has called for employment law changes to support UK businesses, including the revival of controversial proposals for a ‘compensated no fault dismissal’ law. Statutory employment law is not the problem. The real problem is the body of case law that has built up in British and European courts. This makes […]

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It may be safer to show an employee is not capable than to hide it

A recent case at the Employment Appeal Tribunal http://bit.ly/WSGVe1  demonstrates the serious risk of using redundancy as a cover for a capability dismissal.  I suggest that this happens often. Lack of capability can be hard to prove and, if proven, leaves the employee with no more than notice pay and with a stain on their […]

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