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Employment Law Blog

24 September 2015

Employee misconduct and derogatory comments on social media: Can employers fairly dismiss?

If an employee admits misconduct and makes derogatory comments about his or her employer on social media, can he or she be fairly dismissed?  We report on a recent case...

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.

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