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From garage to unicorn – Employment law lessons for scaling tech teams
Catherine Bourne
A little later than planned, and not quite the “root and branch” reform that we were initially promised, Mr Justice Underhill’s proposals (released last week) for a brand new rule book for Employment Tribunals, is nonetheless very much to be welcomed.
Occasionally employers discover gross misconduct after they have dismissed an employee and sometimes after they have already paid the employee compensation. The Court of Appeal looked at this recently in Duncan Cavenagh v William Evans Limited. Before looking at that case here is a quick summary of some earlier decisions.
A drug and alcohol testing provider recently carried out random workplace drug tests and pre-employment drug tests on behalf of 856 UK employers (with drug misuse policies in place). According to Concateno, the tests showed that at least one in 30 employees has illegal drugs in their system at any point in time, which equates to nearly one million people across the UK workforce.
The Bribery Act has been in force for almost a year. So far we have not had as many high profile cases and convictions as widely anticipated, although there are investigations and cases taking place, for example involving co-operation between the authorities in the US and here.
From time to time this is a conundrum for employers. You have a disciplinary process culminating in a disciplinary hearing, deliver a punishment and move on. Then you reflect, possibly in the light of new evidence, and think you have been too lenient. Is there anything you can do?
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