The importance of following a fair process in an unfair dismissal claim In this episode 184 of the podcast I bring you details of a recent case decided by the Court of Appeal in respect of unfair dismissal in a redundancy situation. The case is Gwynedd Council and S Barratt & I Hughes In this episode of the podcast I cover:  The basic position with regards to unfair dismissal and redundancy dismissals. Details of the case and why the Judge at the Employment Tribunal decided the dismissal was unfair. What employer’s need to consider when going through a redundancy consultation. Why a failure to allow an appeal against dismissal is one factor to be considered by an employment tribunal in a claim for unfair dismissal.    You may also find the following helpful. Redundancy Process: Alternative Vacancies Redundancy Process: Pools & Selection Criteria Electing Employee Representatives: Redundancy Procedure The Redundancy Consultation Process Introduction to Redundancy     Fixed Price Advice from Real Experts  As part of our HR Harbour annual subscription service for employers we provide guidance and training for employers, supervisors and managers. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £210 per month please contact me for a no obligation discussion – alison@realemploymentlawadvice.co.uk or you can find full details here: HR Harbour   Don’t forget you can contact us by telephone 01983 897003, 01722 653001, 020 3470 0007, 0191 375 9694 or 023 8098 2006   We have a variety of free documents and letters which are available to download here: DIY Documents   We are also on YouTube! You can find a range of topics and also listen to this podcast on YouTube here: YOUTUBE   The information contained in this Podcast and post is provided for guidance and is a snapshot of the law at the time. It is provided for your information only and should not be used as a substitute for obtaining legal advice that it specific to your particular circumstances. The guidance should not be relied upon in any decision making process. It is strongly recommended that you seek advice before taking action.

Does a lack of an appeal hearing make a redundancy dismissal unfair?

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In this weeks’ episode of the podcast I bring you a run down of the requirements of the ACAS code of practice. This is the fourth of 6 episodes that will focus on all of the key aspects of unfair dismissal, including everything you need to know to really get to grips with dismissals and what constitutes a fair dismissal. In this episode 226 I will cover:  What the purpose of the ACAS Code of Practice is The background to the Code of Practice What the essential elements of the Code of Practice are When the ACAS Code is applicable What the consequences are of failing to follow the Code Why you should have it in mind when dealing with conduct, performance and some other substantial reasons What you need to do to fairly investigate alleged conduct What you need to consider before dismissing an employee  Action Points Ensure anyone assigned to deal with a disciplinary investigation and the disciplinary hearing in your organisation listens to this episode and downloads an up to date copy of the ACAS code of practice. Check your contracts and procedures to ensure that your disciplinary procedure is not contractual. Helpful Links Employment Rights Act 1996  ACAS Code of Practice       Training for your Team Would you like to arrange training for your team to reduce the risk of both unhappy employees and claims being made against you? Please get in touch for a no obligation discussion, we can offer training anywhere in the UK in person or delivered remotely via MS Teams. The types of training we can deliver for you are:  An introduction to the Equality Act Equality and Diversity Training An introduction to disciplinary & grievance processes and the law Holding effective 1:1’s Appraisal training—Introduction Appraisal training—Refresher Holding difficult conversations Effective root cause analysis Giving and receiving effective feedback Dealing with change & change management Time management Absence management How to carry out a disciplinary investigation Managing the disciplinary process Managing the grievance process Performance and capability management Assertiveness & managing confidently The skills required to be a good manager An introduction to mental health at work for managers  Please drop me an email alison@realemploymentlawadvice.co.uk     Fixed Price Advice from Real Experts  As part of our HR Harbour annual subscription service for employers we provide guidance and training for employers, supervisors and managers. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £210 per month please contact me for a no obligation discussion – alison@realemploymentlawadvice.co.uk or you can find full details here: HR Harbour Don’t forget you can contact us by telephone 01983 897003, 01722 653001, 020 3470 0007, 0191 375 9694 or 023 8098 2006 We have a variety of free documents and letters which are available to download here: DIY Documents We are also on YouTube! You can find a range of topics and also listen to this podcast on YouTube here: YOUTUBE   Zoes Law Raising awareness of melanoma and skin cancer. You can find more information here: https://www.facebook.com/zoepanayilaw

Unfair Dismissal: The ACAS Code of Practice Episode 4

In this weeks’ episode of the podcast I bring you information and analysis of the second test for a fair dismissal, the reasonableness test. This is the third of 6 episodes that will focus on all of the key aspects of unfair dismissal, including everything you need to know to really get to grips with dismissals and what constitutes a fair dismissal. In this episode 225 I will cover:  What the test for reasonableness is in accordance with the Employment Rights Act 1996 The two elements of a reasonable dismissal, Procedure and Substantive Fairness What the fundamentals are for a reasonable dismissal decision The different reasonableness and procedural requirements for each of the potentially fair reasons What the range of reasonable responses test is What you need to do to fairly investigate a conduct allegation What you can do if you have more than one ‘suspect’ in an allegation of misconduct How to deal with performance issues in order to fairly dismiss an employee for poor performance What you need to consider before dismissing an employee    Action Points Ensure anyone assigned to deal with a disciplinary investigation and the disciplinary hearing in your organisation listens to this episode.   Helpful Links Employment Rights Act 1996  BHS v Burchell    Training for your Team Would you like to arrange training for your team to reduce the risk of both unhappy employees and claims being made against you? Please get in touch for a no obligation discussion, we can offer training anywhere in the UK in person or delivered remotely via MS Teams. The types of training we can deliver for you are:  An introduction to the Equality Act Equality and Diversity Training An introduction to disciplinary & grievance processes and the law Holding effective 1:1’s Appraisal training—Introduction Appraisal training—Refresher Holding difficult conversations Effective root cause analysis Giving and receiving effective feedback Dealing with change & change management Time management Absence management How to carry out a disciplinary investigation Managing the disciplinary process Managing the grievance process Performance and capability management Assertiveness & managing confidently The skills required to be a good manager An introduction to mental health at work for managers  Please drop me an email alison@realemploymentlawadvice.co.uk   Fixed Price Advice from Real Experts  As part of our HR Harbour annual subscription service for employers we provide guidance and training for employers, supervisors and managers. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £210 per month please contact me for a no obligation discussion – alison@realemploymentlawadvice.co.uk or you can find full details here: HR Harbour Don’t forget you can contact us by telephone 01983 897003, 01722 653001, 020 3470 0007, 0191 375 9694 or 023 8098 2006 We have a variety of free documents and letters which are available to download here: DIY Documents We are also on YouTube! You can find a range of topics and also listen to this podcast on YouTube here: YOUTUBE   Zoes Law Raising awareness of melanoma and skin cancer. You can find more information here: https://www.facebook.com/zoepanayilaw

Unfair Dismissal: The Reasonableness of Dismissal Episode 3

In this weeks’ episode of the podcast I bring you the five potentially fair reasons for dismissing an employee. This is the second of 6 episodes that will focus on all of the key aspects of unfair dismissal, including everything you need to know to really get to grips with dismissals and what constitutes a fair dismissal.   In this episode 224 I will cover:  What the five potentially fair reasons are An example of each of the reasons How they are applied Why the facts of each are important Why swearing at work can be grounds for a fair dismissal Who has the burden of proving the reason for the dismissal Why the burden shifts in a claim for Automatic Unfair Dismissal What you need to consider before dismissing an employee    Action Points Check what your staff handbook says about gross misconduct and ensure it includes what you consider to amount to gross misconduct in your organisation.   Helpful Links Employment Rights Act 1996    Training for your Team Would you like to arrange training for your team to reduce the risk of both unhappy employees and claims being made against you? Please get in touch for a no obligation discussion, we can offer training anywhere in the UK in person or delivered remotely via MS Teams. Please drop me an email alison@realemploymentlawadvice.co.uk   Fixed Price Advice from Real Experts  As part of our HR Harbour annual subscription service for employers we provide guidance and training for employers, supervisors and managers. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £210 per month please contact me for a no obligation discussion – alison@realemploymentlawadvice.co.uk or you can find full details here: HR Harbour Don’t forget you can contact us by telephone 01983 897003, 01722 653001, 020 3470 0007, 0191 375 9694 or 023 8098 2006 We have a variety of free documents and letters which are available to download here: DIY Documents We are also on YouTube! You can find a range of topics and also listen to this podcast on YouTube here: YOUTUBE   Zoes Law Raising awareness of melanoma and skin cancer. You can find more information here: https://www.facebook.com/zoepanayilaw

Unfair Dismissal: Potentially Fair Reasons

This episode 223 of the podcast I bring you an introduction to the law regarding unfair dismissal. This is the first of a mini series that will focus on all of the key aspects of unfair dismissal, including everything you need to know to really get to grips with dismissals and what constitutes a fair dismissal. It will assist both employers who may be looking at making dismissal decisions and employees who may have been dismissed and are unsure if the decision is fair or not. In this episode I will cover:  The history of unfair dismissal How unfair dismissal started in the early 1970’s What it is and where you will find the law The fundamental difference between Unfair Dismissal and Constructive Unfair Dismissal The qualifying period for unfair dismissal Unfair dismissal claims with no qualifying period of service Claims for Automatic Unfair Dismissal The time limit for claims Circumstances when an employer must provide written reasons for an employees dismissal    Action Points Whenever you are considering dismissing an employee regardless of their length of service you should ensure that as a minimum you communicate the reason for termination to the employee. Employees have rights for automatic unfair dismissal in certain circumstances regardless of their service length and communicating the reason to them is likely to minimise the risk of drawing the wrong inference as to why.   Helpful Links Introduction to Constructive Unfair Dismissal: Episode 18  Focus on Constructive Unfair Dismissal: Episode 21 Employee who did not receive dismissal letter wins unfair dismissal claim Employment Rights Act 1996      Training for your Team Would you like to arrange training for your team to reduce the risk of both unhappy employees and claims being made against you? Please get in touch for a no obligation discussion, we can offer training anywhere in the UK in person or delivered remotely via MS Teams. Please drop me an email alison@realemploymentlawadvice.co.uk     Fixed Price Advice from Real Experts  As part of our HR Harbour annual subscription service for employers we provide guidance and training for employers, supervisors and managers. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £210 per month please contact me for a no obligation discussion – alison@realemploymentlawadvice.co.uk or you can find full details here: HR Harbour Don’t forget you can contact us by telephone 01983 897003, 01722 653001, 020 3470 0007, 0191 375 9694 or 023 8098 2006 We have a variety of free documents and letters which are available to download here: DIY Documents We are also on YouTube! You can find a range of topics and also listen to this podcast on YouTube here: YOUTUBE   Zoes Law Raising awareness of melanoma and skin cancer. You can find more information here: https://www.facebook.com/zoepanayilaw

Unfair Dismissal: What is unfair dismissal?

In this episode 222 of the podcast I bring you a run down of the changes to the Working Time Regulations which are effective in the holiday year that starts after 01 April 2024. In this episode of the podcast we cover:  The definition of irregular hour worker The definition of part year worker How statutory holiday entitlement is accrued for irregular hour and part year workers How you can deal with carry over of leave How to calculate holiday pay Rolled up holiday pay is now permitted for irregular and part year workers Examples of what to consider when calculating holiday Why it is important to check contracts and holiday terms for existing employees before making a change to your holiday entitlement and pay    Harpur v Brazel Case Supreme Court case that has now been overturned and which is covered in Episode 202 Holiday Entitlement & Pay   You can find the full government guidance here: https://www.gov.uk/government/publications/simplifying-holiday-entitlement-and-holiday-pay-calculations/holiday-pay-and-entitlement-reforms-from-1-january-2024   Training for your Team Would you like to arrange training for your team to reduce the risk of both unhappy employees and claims being made against you? Please get in touch for a no obligation discussion, we can offer training anywhere in the UK in person or delivered remotely via MS Teams. Please drop me an email alison@realemploymentlawadvice.co.uk   Fixed Price Advice from Real Experts  As part of our HR Harbour annual subscription service for employers we provide guidance and training for employers, supervisors and managers. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £210 per month please contact me for a no obligation discussion – alison@realemploymentlawadvice.co.uk or you can find full details here: HR Harbour Don’t forget you can contact us by telephone 01983 897003, 01722 653001, 020 3470 0007, 0191 375 9694 or 023 8098 2006 We have a variety of free documents and letters which are available to download here: DIY Documents We are also on YouTube! You can find a range of topics and also listen to this podcast on YouTube here: YOUTUBE   Zoes Law Raising awareness of melanoma and skin cancer. You can find more information here: https://www.facebook.com/zoepanayilaw

Does a lack of an appeal hearing make a redundancy dismissal unfair?

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