Blog
From garage to unicorn – Employment law lessons for scaling tech teams
Catherine Bourne
17 September 2015
Disciplinary investigations: Setting the boundaries of HR assistance
If you find yourself appointed to conduct a disciplinary investigation into the conduct of an employee, beware of soliciting too much “help” from your HR department. Although some assistance is perfectly acceptable, i.e. questions concerning the law or procedure, this advice should not stray into the realms of the culpability of the employee, which is a factual decision for the investigating officer to make alone.
14 September 2015
Legal update - Can travelling time constitute working time?
Can travelling to and from work constitute working time in the case of workers without fixed or habitual places of work? James Murray reports on a recent Spansih case: Federacion de Servicios Privados del sindicato Comisiones obreras v Tyco Integrated Security SL
27 August 2015
Is giving up the annual appraisal process the best way forward?
Mixing regular and longer-term performance management may be more effective.
Accenture and Deloitte are ditching their annual appraisal process because it is time-consuming, cumbersome and because employees want “instant performance management,” according to Accenture chief executive, Pierre Nanterme. Should other employers be following their lead?
7 August 2015
Employers' discretion in misconduct cases: To what extent can decisions be challenged?
A case concerning sewer inspections has led to the Court of Appeal reconsidering the scope of employers’ discretion when dismissing for gross misconduct and causes some concern for employers with stringent health and safety rules.
28 July 2015
Will a death in service case change the way employers are able to exercise their discretion?
To what extent will the Court interfere when an employer is exercising its discretion? Will they do so, only where the employer has acted in bad faith, or irrationally, or where they have breached the implied term of mutual trust and confidence? And if it is to interfere, will the Court focus just on the "outcome" of the decision, or will it also look at the "approach" the employer has taken?