Blog Posts: April 2011

One of the issues facing organisations who have to discipline staff is that it has become so process driven that management is focused on complying with employment law, rather than managing the employee. A lot of the empoyment law advice I give to business clients tends to focus on the conduct of giving warnings to staff be it on performance or conduct. Some points to consider. A disciplinary process is a pressure cooker situation for everyone. You are bound to feel uncomfortable with it no m....

It is clear that the government is gearing up to using much more mediation with Ed Davey, the government minister writing in Personnel Today, "At the moment, we know very little about how much successful mediation takes place. This is because when it is used and it works we do not hear about it, as there is no employment tribunal claim. We want to know how much mediation is taking place, what employers' experiences of it are and what the reasons are for it not being used more often to resol....

An appeal case is taking place next week that could have far-reaching implications for the way in which future disciplinary hearings take place. The case, R (on the application of G) v The Governors of X School, will be heard by the Supreme Court next week in which employees should be allowed legal representation at disciplinary hearings. This issues to be decided  case deal with the test for the applicability of art.6(1) of the European Convention on Human Rights and ....