Guidance for employers on conducting disciplinary and grievance procedures during the Coronavirus pandemic
For employers, it is often important that advice is taken on these issues as soon as they arise, even if your policies and procedures are up to date. Frequently these cases are difficult to deal with and complications easily arise. Mishandling the situation can lead to various claims in the employment tribunal and therefore ensuring appropriate management of such issues from the outset is key. Our team is well acquainted in advising HR professionals and managers on internal investigations, disciplinary and grievance procedures, and absence and performance management, to minimise the risk of tribunal claims.
When advising senior executives in such situations, we understand the emotional pressure of being subject to internal processes. We offer legal and practical guidance through what is often a difficult time. We will assist you in terms of how to put your best case forward, whether you are the subject of disciplinary investigation, poor performance allegations, or ill health capability proceedings.
We will ensure that we understand the issues and your requirements, and advise you on the best strategy available in order to achieve your business goals and protect your interests.
Kingsley Napley’s criminal and regulatory law pedigree means that we have in-depth experience of disciplinary investigations and cases involving alleged workplace wrongdoing. We regularly work with our business and financial crime, professional discipline and regulatory colleagues across the firm to ensure that such cases are handled appropriately from all angles.
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In 2012, as a recently elected MP, Kwasi Kwarteng co-authored “Britannia Unchained: Global Lessons for Growth and Properity”, a political pamphlet which championed risk-taking and innovation in the UK economy, and which ever since has led some to label him a fervent Brexiteer. Appointed as the Business Secretary in January 2021, only a few months later his department (BEIS) published one of the longest and most ambitious government White Papers in recent years.
Cate Maguire looks at how the Barder principle has been applied in cases involving 'known unknowns'
World Menopause Day was held on 18 October 2021. It is an opportunity to break the stigma and taboo that still exists around menopause and to encourage open dialogue about what is a natural and very significant transition in a woman’s life.
Coronavirus is having a serious impact on businesses and the global economy. Sadly, many businesses have been impacted to the extent that they have or will have to put cost-cutting measures in place. For some individuals this will result in their role being put at risk of redundancy.
In light of the announcement that an independent inquiry into the Government’s handling of the coronavirus pandemic will begin in spring 2022, Kingsley Napley hosted a webinar last week on the theme of Preparing for Public Inquiries in conjunction with Blackstone Chambers and FTI Consulting. For anyone who missed this event, a recording is available here (LINK) and we have also prepared the summary below.
The Youth Mobility Scheme allows employers to access younger workers from countries such as India and Iceland for two years. With skills shortages afflicting critical sectors, now might be the time for the government to consider a youth visa agreement with the EU.
In revised guidance first published in July, the Government stated that it is no longer instructing people to work from home if they can. In line with that, many employers have planned and begun implementing a return to the workplace. However, as the latest figures and the Government’s recently published Autumn and Winter Plan seem to indicate, it is clear that the risk of contracting COVID-19 will continue to be a genuine and serious one for some time.
From being the centrepiece of England’s post-Covid recovery with ‘eat out to help out’, the hospitality sector is now struggling to rebuild after lockdowns, furlough and rising food prices. At the same time many restaurants, cafes and pubs are coming up against the hard realities of a post-Brexit immigration policy and discovering what it means for their business.
Earlier this year it was announced that the Government had plans to consult on changes to our flexible working regime. The Government’s Consultation Paper has now been published and illustrates the Government’s intentions regarding how flexible working rights will operate in future.
A recent case has highlighted a trend that that we have seen over recent years, with Employment Tribunals finding that the dismissal of a senior executive can be fair where there has been a breakdown in relations amongst a management team and one director / executive is considered to be more at fault (Moore v Phoenix Product Development Ltd EAT/0070/20). Also, the procedural requirements for such dismissals may be more limited, in this case, the fact that no right of appeal was offered did not render the dismissal unfair.
You may be surprised to learn that, without realising it, you may be a whistleblower. If you are a manager, you could easily come across a situation in which you are expected to manage (or even dismiss) a whistleblower, without anyone warning you of the dangers.
Employers have a duty to take reasonable care of the health and safety of their staff and this includes those facing such allegations, says Bina Patel
In recent weeks, a number of commentators have predicted the “Great Resignation”—a mass exodus of employees leaving their jobs following the wake-up call the pandemic has afforded them. Microsoft research has indicated that almost half of the worldwide workforce is ready to resign this year, with just under 40% of UK and Irish workers saying they are ready to quit. Many have had cause to re-evaluate their careers during COVID and with lockdown restrictions set to ease further, people are considering their options. If the “Great Resignation” is upon us, there are a few things employers and employees should bear in mind.
“Freedom Day”, and what it actually means in practice, is not proving to be as straightforward as some had hoped (and arguably as the Government had initially led the business community to believe). Employers can be forgiven for feeling confused as to what is expected of them and what they should be doing in terms of bringing their employees back into the workplace. We are by no means at the end of the debate, but we summarise below, the latest developments
We have seen examples of people being ‘outed’ for posting racist comments online by individual bystanders who have been able to find their LinkedIn profiles and then contact relevant employers calling for the employee in question to lose their job. Unfortunately, this is nothing new. But what can an organisation do in these circumstances, if it wants to demonstrate that it stands against racism and discrimination?
Most disputes between partners of professional services firms are settled either through confidential negotiations or arbitration. A public resolution of the matter through a full hearing and reported judgment is a rare occurrence. A recent example of such a case involving an ex-partner of a law firm is a useful reminder that it is difficult to challenge profit share or bonus decisions as an irrational exercise of discretion.
In a case that attracted national media coverage and emphasises the crucial importance of regulatory compliance and the highest standards of professional conduct in the financial services sector, the High Court dismissed a breach of contract claim brought by an investment manager.
So the Prime Minister has announced that most restrictions in place due to the coronavirus pandemic will be lifted on 19 July, despite acknowledging that the pandemic itself is far from over and that case numbers are expected to continue rising.
In recent weeks, it has introduced a formal workplace policy providing paid time off for all staff who are directly or indirectly affected by pregnancy loss. This is not only a significant enhancement to the provisions required by law but is also, I understand, the first of its kind being put in place by a UK law firm. We hope other firms in our sector and beyond will follow suit and normalise protection in this space, thereby supporting the wellbeing of those affected and protecting talent.
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