Unfair Dismissal: What is unfair dismissal?

On the 10th October 2024 the biggest reform of employment law for many years was published in the form of the Employment Rights Bill. In this episode 234 of the podcast I bring you all the detail about the changes to employment law. In this episode we cover: Sexual Harassment ‘all’ steps prevention Employees who make a sexual harassment disclosure will become a ‘protected disclosure’ for whistleblowing protection Employers will be liable to third party harassment Removal of the unfair dismissal qualifying period Introduction of a statutory probation period Regulation on zero and low hours contracts Additional rights for those on zero hours or low hour contracts Additional pregnancy protection from dismissal Additional protection for those who take family leave End to employers ability to dismiss employees who refuse a change to their contract terms Additional requirements for employers to justify the decision to refuse a request for flexible working Removal of the waiting period for statutory sick pay so it will be available from day 1 of employment Bereavement leave available for all Paternity and parental leave will be available from day one of employment Change to how you calculate the numbers for collective redundancy Creation of a fair work agency Trade Union reform including requirement for employers to set out in a written statement that the worker has the right to join a trade union You can read the full bill here: https://bills.parliament.uk/bills/3737   Sexual Harassment prevention paperwork For £100 plus VAT you can now download the following documents to get you started with your obligation to prevent sexual harassment: Sexual harassment risk assessment – organisation wide Sexual Harassment Policy Template & Guidance Note Sexual Harassment Investigation flow chart Notice to issue to all staff Training record Timetable for annual review Investigation guidance for managers You can download now here: Sexual Harassment Prevention Documents for Employers     Training for your Team Would you like to arrange training for your team to reduce the risk of both unhappy employees and claims being made against you? Please get in touch for a no obligation discussion, we can offer training anywhere in the UK in person or delivered remotely via MS Teams. Please drop me an email [email protected]     Fixed Price Advice from Real Experts As part of our HR Harbour annual subscription service for employers we provide guidance and training for employers, supervisors and managers. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £210 per month please contact me for a no obligation discussion – [email protected] or you can find full details here: HR Harbour Don’t forget you can contact us by telephone 01983 897003, 01722 653001, 020 3470 0007, 0191 375 9694 or 023 8098 2006 We have a variety of free documents and letters which are available to download here: DIY Documents We are also on YouTube! You can find a range of topics and also listen to this podcast on YouTube here: YOUTUBE   Zoes Law Raising awareness of melanoma and skin cancer. You can find more information here: https://www.facebook.com/zoepanayilaw             Photo by Deniz Fuchidzhiev on Unsplash

From the 26th October 2024 a new proactive duty to prevent sexual harassment comes into force and will apply to all employers regardless of size. In this episode 233 of the podcast I bring you all the detail about the change in the law as well as my advice and recommendations on what employers should be doing to ensure compliance. In this episode we cover: What the new legal obligation means. The consequences of not complying with the new obligation. The steps that employers should take to ensure minimum compliance. Why an annual review is needed. Why training for managers and all staff is important.   Training for your Team Would you like to arrange training for your team to reduce the risk of both unhappy employees and claims being made against you? Please get in touch for a no obligation discussion, we can offer training anywhere in the UK in person or delivered remotely via MS Teams. Please drop me an email [email protected]     Fixed Price Advice from Real Experts As part of our HR Harbour annual subscription service for employers we provide guidance and training for employers, supervisors and managers. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £210 per month please contact me for a no obligation discussion – [email protected] or you can find full details here: HR Harbour Don’t forget you can contact us by telephone 01983 897003, 01722 653001, 020 3470 0007, 0191 375 9694 or 023 8098 2006 We have a variety of free documents and letters which are available to download here: DIY Documents We are also on YouTube! You can find a range of topics and also listen to this podcast on YouTube here: YOUTUBE   Zoes Law Raising awareness of melanoma and skin cancer. You can find more information here: https://www.facebook.com/zoepanayilaw

We are often called upon by both employers and employees to advise in situations where a departing employee has taken documents or confidential information belonging to their employer. Sometimes this is completely innocent and there is no intention on the part of the employee to exploit the information, and in others it is taken with the intent to use in their new employment, either way this can be very worrying for employers. In this episode 232 of the podcast I bring you a run down of the key things employers can do if they find themselves in a situation where confidential information has been taken and how to safeguard and prevent the loss in the first place. In this episode we cover: The reasons why departing employees may take confidential information or documents, The immediate steps employers should take when they find out that an employee has taken confidential information. The legal options available including obtaining an injunction and/or damages. The potential criminal consequences of taking confidential information or documents. Steps that employers can take during an employee’s employment to safeguard data. The importance of a robust confidentiality clause in employment contracts. When a non-disclosure agreement may be required. Why you should consider post-termination restrictions in your employee contracts. The points to note to ensure post-termination restrictions are enforceable. Why having robust IT processes and regular audits is important.     Training for your Team Would you like to arrange training for your team to reduce the risk of both unhappy employees and claims being made against you? Please get in touch for a no obligation discussion, we can offer training anywhere in the UK in person or delivered remotely via MS Teams. Please drop me an email [email protected]     Fixed Price Advice from Real Experts As part of our HR Harbour annual subscription service for employers we provide guidance and training for employers, supervisors and managers. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £210 per month please contact me for a no obligation discussion – [email protected] or you can find full details here: HR Harbour Don’t forget you can contact us by telephone 01983 897003, 01722 653001, 020 3470 0007, 0191 375 9694 or 023 8098 2006 We have a variety of free documents and letters which are available to download here: DIY Documents We are also on YouTube! You can find a range of topics and also listen to this podcast on YouTube here: YOUTUBE

In this episode 231 of the podcast I bring you an interview with Alice Derbyshire who is a specialist coach and speaker and who works with parents and employers on making the transition back to work as easy as possible. In this episode of the podcast we cover: What the key issues are for HR and managers to consider. Tips on how to reintegrate new parents back to the workplace. Why communication is key to a successful return to work. Why both employee and employer have a role to play in making it a success. The importance of one to one and or performance reviews before someone leaves for maternity leave. Why you need to have a plan in place for breastfeeding employees. Health and safety reviews for pregnant employees and new mums. The importance of putting in place touch points during parental leave.   Alice has also produced a document for you ‘Return to work from Parental Leave – 3 Easy Steps to Success’ which you can download for free here: HERE   Alice Derbyshire I want my kids to go to work and see a balance of men and women at every level of the organisation. To see role models that look and feel like them; to know that it’s possible to succeed regardless of their gender. I work with businesses who care about this too; supporting you to get structural balance from the bottom to the top. Leadership Coaching | Leadership Development | Parental Transitions | Workshops | Consultancy What clients say: “Alice is one of those rare individuals who understands the world we work in and how to impact business quickly. I couldn’t recommend her highly enough if you need an exceptional person to help your business grow through the people that you employ.” – Managing Director “You are perceptive, kind, and challenging in the most supportive way. How wonderful it is to see small tweaks have such a positive transformation on my leadership impact. I’ve learnt so much in a short time.” – Senior Global Marketing Director You can contact Alice: By phone: +44(0)7789 555626 Book time with Alice on Calendly Find out more – www.alicedarbyshire.com See Alice’s experience on LinkedIn  Follow her musings on Instagram   Training for your Team Would you like to arrange training for your team to reduce the risk of both unhappy employees and claims being made against you? Please get in touch for a no obligation discussion, we can offer training anywhere in the UK in person or delivered remotely via MS Teams. Please drop me an email [email protected]   Fixed Price Advice from Real Experts As part of our HR Harbour annual subscription service for employers we provide guidance and training for employers, supervisors and managers. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £210 per month please contact me for a no obligation discussion – [email protected] or you can find full details here: HR Harbour Don’t forget you can contact us by telephone 01983 897003, 01722 653001, 020 3470 0007, 0191 375 9694 or 023 8098 2006 We have a variety of free documents and letters which are available to download here: DIY Documents We are also on YouTube! You can find a range of topics and also listen to this podcast on YouTube here: YOUTUBE   Zoes Law Raising awareness of melanoma and skin cancer. You can find more information here: https://www.facebook.com/zoepanayilaw

We are often called upon by employers and managers to advise on situations where issues with performance arise with employees, and the manager/employer has reached the end of their patience with the individual. We are also regularly asked by employers about how to manage employees who do not do what is required or are not up to standards. Whilst we can advise and resolve issues using a formal performance management process it is much better to head off the issues at an early stage and avoid the formal process altogether. In this episode 230 of the podcast I bring you a run down of the key things you can do to set your employees up for success. In this episode of the podcast we cover: Assessing and checking if you and your team understand their role and contribution to the business How to start in setting out goals and targets for each employee Why it is important to have the goals and targets and aims in place How it will help you in the long run How to proactively manage your team Why it is important to proactively manage your team What typically happens when the foundation work has not been done Why it inevitably leads to a dispute if the foundation is not in place and proactively managed The action points that you can take now to set up for success and prevent problems from arising     Training for your Team Would you like to arrange training for your team to reduce the risk of both unhappy employees and claims being made against you? Please get in touch for a no obligation discussion, we can offer training anywhere in the UK in person or delivered remotely via MS Teams. Please drop me an email [email protected]     Fixed Price Advice from Real Experts As part of our HR Harbour annual subscription service for employers we provide guidance and training for employers, supervisors and managers. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £210 per month please contact me for a no obligation discussion – [email protected] or you can find full details here: HR Harbour Don’t forget you can contact us by telephone 01983 897003, 01722 653001, 020 3470 0007, 0191 375 9694 or 023 8098 2006 We have a variety of free documents and letters which are available to download here: DIY Documents We are also on YouTube! You can find a range of topics and also listen to this podcast on YouTube here: YOUTUBE   Zoes Law Raising awareness of melanoma and skin cancer. You can find more information here: https://www.facebook.com/zoepanayilaw           Photo by Carlos Muza on Unsplash

In recent weeks we have been advising several directors (who also happen to be shareholders) of companies where there has been some sort of fall out with fellow directors (and shareholders) leading to that person being dismissed from their role as director and in turn their employment. In this episode 229 of the podcast I bring you a run down of the employment rights that apply to directors who are employees of the business. I also cover my tips on avoiding disputes and how to resolve them quickly in the event of a dispute arising. In this episode of the podcast we cover: When a director is also an employee. The rights of directors who are also employees. Why you need to have an employment contract and clear terms in place at the outset. The importance of company documentation. Why you need to have targets and goals for directors that are measurable. Why you should caution against dismissing a director from their employment merely because they are no longer able to be a director.     Training for your Team Would you like to arrange training for your team to reduce the risk of both unhappy employees and claims being made against you? Please get in touch for a no obligation discussion, we can offer training anywhere in the UK in person or delivered remotely via MS Teams. Please drop me an email [email protected]     Fixed Price Advice from Real Experts As part of our HR Harbour annual subscription service for employers we provide guidance and training for employers, supervisors and managers. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £210 per month please contact me for a no obligation discussion – [email protected] or you can find full details here: HR Harbour Don’t forget you can contact us by telephone 01983 897003, 01722 653001, 020 3470 0007, 0191 375 9694 or 023 8098 2006 We have a variety of free documents and letters which are available to download here: DIY Documents We are also on YouTube! You can find a range of topics and also listen to this podcast on YouTube here: YOUTUBE   Zoes Law Raising awareness of melanoma and skin cancer. You can find more information here: https://www.facebook.com/zoepanayilaw

Episode 6: Listener questions answered about disciplinary issues & unfair dismissal In this weeks’ episode of the podcast I will answer some of the most frequently asked questions from Employers about how to deal with disciplinary issues and how to avoid a claim for unfair dismissal. This is the final of 6 episodes that focus on all of the key aspects of unfair dismissal, including everything you need to know to really get to grips with dismissals and what constitutes a fair dismissal. In this episode 228 I will cover: What to do if an employee fails to attend a disciplinary hearing What to do if an employee is signed off sick during the disciplinary process My suggestion on how you should handle matters if an employee asks to be accompanied at the hearing by someone other than a trade union rep or work colleague How to handle things if you have a small business and you are the only person able to deal with the investigation process and disciplinary hearing How you should deal with the expiry of a Fixed-Term Contract What procedures apply to the expiry of a Fixed-Term Contract Action Points If you receive a claim against you in the Employment Tribunal you should get advice to help to mitigate your losses. Helpful Links Employment Rights Act 1996  ACAS Code of Practice Training for your Team Would you like to arrange training for your team to reduce the risk of both unhappy employees and claims being made against you? Please get in touch for a no obligation discussion, we can offer training anywhere in the UK in person or delivered remotely via MS Teams. The types of training we can deliver for you are: An introduction to the Equality Act Equality and Diversity Training An introduction to disciplinary & grievance processes and the law Holding effective 1:1’s Appraisal training—Introduction Appraisal training—Refresher Holding difficult conversations Effective root cause analysis Giving and receiving effective feedback Dealing with change & change management Time management Absence management How to carry out a disciplinary investigation Managing the disciplinary process Managing the grievance process Performance and capability management Assertiveness & managing confidently The skills required to be a good manager An introduction to mental health at work for managers Please drop me an email [email protected] Fixed Price Advice from Real Experts As part of our HR Harbour annual subscription service for employers we provide guidance and training for employers, supervisors and managers. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £210 per month please contact me for a no obligation discussion – [email protected] or you can find full details here: HR Harbour Don’t forget you can contact us by telephone 01983 897003, 01722 653001, 020 3470 0007, 0191 375 9694 or 023 8098 2006 We have a variety of free documents and letters which are available to download here: DIY Documents We are also on YouTube! You can find a range of topics and also listen to this podcast on YouTube here: YOUTUBE Zoes Law Raising awareness of melanoma and skin cancer. You can find more information here: https://www.facebook.com/zoepanayilaw

In this weeks’ episode of the podcast I will tell you what the compensation could be for an employee who is successful in a claim for unfair dismissal and the other lesser used remedies. This is the fifth of 6 episodes that will focus on all of the key aspects of unfair dismissal, including everything you need to know to really get to grips with dismissals and what constitutes a fair dismissal.   In this episode 227 I will cover: What the remedies are for unfair dismissal. What the difference is between an order for reinstatement and an order for re-engagement. How compensation for unfair dismissal is calculated. What the ‘Basic Award’s is. What the ‘Compensatory Award’ includes. What the Statutory Cap means. How causation effects compensation for unfair dismissal. What a Polkey deduction is. How the employees contributory fault can reduce compensation. What will happen if an employee has been claiming state benefits. Why an employee must try to mitigate their loss. Why employers should consider all of these issues in their defence and in producing evidence.   Action Points If you receive a claim against you in the Employment Tribunal you should get advice to help to mitigate your losses.   Helpful Links Employment Rights Act 1996  ACAS Code of Practice     Training for your Team Would you like to arrange training for your team to reduce the risk of both unhappy employees and claims being made against you? Please get in touch for a no obligation discussion, we can offer training anywhere in the UK in person or delivered remotely via MS Teams. The types of training we can deliver for you are: An introduction to the Equality Act Equality and Diversity Training An introduction to disciplinary & grievance processes and the law Holding effective 1:1’s Appraisal training—Introduction Appraisal training—Refresher Holding difficult conversations Effective root cause analysis Giving and receiving effective feedback Dealing with change & change management Time management Absence management How to carry out a disciplinary investigation Managing the disciplinary process Managing the grievance process Performance and capability management Assertiveness & managing confidently The skills required to be a good manager An introduction to mental health at work for managers Please drop me an email [email protected]   Fixed Price Advice from Real Experts As part of our HR Harbour annual subscription service for employers we provide guidance and training for employers, supervisors and managers. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £210 per month please contact me for a no obligation discussion – [email protected] or you can find full details here: HR Harbour Don’t forget you can contact us by telephone 01983 897003, 01722 653001, 020 3470 0007, 0191 375 9694 or 023 8098 2006 We have a variety of free documents and letters which are available to download here: DIY Documents We are also on YouTube! You can find a range of topics and also listen to this podcast on YouTube here: YOUTUBE   Zoes Law Raising awareness of melanoma and skin cancer. You can find more information here: https://www.facebook.com/zoepanayilaw

In this weeks’ episode of the podcast I bring you a run down of the requirements of the ACAS code of practice. This is the fourth of 6 episodes that will focus on all of the key aspects of unfair dismissal, including everything you need to know to really get to grips with dismissals and what constitutes a fair dismissal. In this episode 226 I will cover: What the purpose of the ACAS Code of Practice is The background to the Code of Practice What the essential elements of the Code of Practice are When the ACAS Code is applicable What the consequences are of failing to follow the Code Why you should have it in mind when dealing with conduct, performance and some other substantial reasons What you need to do to fairly investigate alleged conduct What you need to consider before dismissing an employee Action Points Ensure anyone assigned to deal with a disciplinary investigation and the disciplinary hearing in your organisation listens to this episode and downloads an up to date copy of the ACAS code of practice. Check your contracts and procedures to ensure that your disciplinary procedure is not contractual. Helpful Links Employment Rights Act 1996  ACAS Code of Practice       Training for your Team Would you like to arrange training for your team to reduce the risk of both unhappy employees and claims being made against you? Please get in touch for a no obligation discussion, we can offer training anywhere in the UK in person or delivered remotely via MS Teams. The types of training we can deliver for you are: An introduction to the Equality Act Equality and Diversity Training An introduction to disciplinary & grievance processes and the law Holding effective 1:1’s Appraisal training—Introduction Appraisal training—Refresher Holding difficult conversations Effective root cause analysis Giving and receiving effective feedback Dealing with change & change management Time management Absence management How to carry out a disciplinary investigation Managing the disciplinary process Managing the grievance process Performance and capability management Assertiveness & managing confidently The skills required to be a good manager An introduction to mental health at work for managers Please drop me an email [email protected]     Fixed Price Advice from Real Experts As part of our HR Harbour annual subscription service for employers we provide guidance and training for employers, supervisors and managers. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £210 per month please contact me for a no obligation discussion – [email protected] or you can find full details here: HR Harbour Don’t forget you can contact us by telephone 01983 897003, 01722 653001, 020 3470 0007, 0191 375 9694 or 023 8098 2006 We have a variety of free documents and letters which are available to download here: DIY Documents We are also on YouTube! You can find a range of topics and also listen to this podcast on YouTube here: YOUTUBE   Zoes Law Raising awareness of melanoma and skin cancer. You can find more information here: https://www.facebook.com/zoepanayilaw

In this weeks’ episode of the podcast I bring you information and analysis of the second test for a fair dismissal, the reasonableness test. This is the third of 6 episodes that will focus on all of the key aspects of unfair dismissal, including everything you need to know to really get to grips with dismissals and what constitutes a fair dismissal. In this episode 225 I will cover: What the test for reasonableness is in accordance with the Employment Rights Act 1996 The two elements of a reasonable dismissal, Procedure and Substantive Fairness What the fundamentals are for a reasonable dismissal decision The different reasonableness and procedural requirements for each of the potentially fair reasons What the range of reasonable responses test is What you need to do to fairly investigate a conduct allegation What you can do if you have more than one ‘suspect’ in an allegation of misconduct How to deal with performance issues in order to fairly dismiss an employee for poor performance What you need to consider before dismissing an employee   Action Points Ensure anyone assigned to deal with a disciplinary investigation and the disciplinary hearing in your organisation listens to this episode.   Helpful Links Employment Rights Act 1996  BHS v Burchell    Training for your Team Would you like to arrange training for your team to reduce the risk of both unhappy employees and claims being made against you? Please get in touch for a no obligation discussion, we can offer training anywhere in the UK in person or delivered remotely via MS Teams. The types of training we can deliver for you are: An introduction to the Equality Act Equality and Diversity Training An introduction to disciplinary & grievance processes and the law Holding effective 1:1’s Appraisal training—Introduction Appraisal training—Refresher Holding difficult conversations Effective root cause analysis Giving and receiving effective feedback Dealing with change & change management Time management Absence management How to carry out a disciplinary investigation Managing the disciplinary process Managing the grievance process Performance and capability management Assertiveness & managing confidently The skills required to be a good manager An introduction to mental health at work for managers Please drop me an email [email protected]   Fixed Price Advice from Real Experts As part of our HR Harbour annual subscription service for employers we provide guidance and training for employers, supervisors and managers. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £210 per month please contact me for a no obligation discussion – [email protected] or you can find full details here: HR Harbour Don’t forget you can contact us by telephone 01983 897003, 01722 653001, 020 3470 0007, 0191 375 9694 or 023 8098 2006 We have a variety of free documents and letters which are available to download here: DIY Documents We are also on YouTube! You can find a range of topics and also listen to this podcast on YouTube here: YOUTUBE   Zoes Law Raising awareness of melanoma and skin cancer. You can find more information here: https://www.facebook.com/zoepanayilaw