February Seminars 2019
The Law on Unfair Dismissal
How to deal with poor behaviour, dishonesty, theft or violence in the workplace
Seminar Content
Who can make a claim for unfair dismissal?
- • Can only an employee make a claim for unfair dismissal?
- • What about a worker, agency worker, self-employed contractor?
- • Has the individual actually been dismissed, any confusion?
- • What if the employee resigns?
- • Constructive dismissal.
- • Fair reasons for dismissal.
- • Should you suspend the employee?
Investigation
- • Do you have a procedure on conducting an investigation in your contract of employment?
- • Following the ACAS Code of Practice.
- • Conducting a reasonable investigation.
- • Gathering evidence.
- • Interviewing a witness.
- • Should you use 3rd party evidence?
- • Remaining impartial.
- • Is there also a police investigation underway?
- • Implications of a delay in the investigation.
- • Will you consider criminal offences outside of employment?
- • Will you consider covert recordings?
- • Getting the wording of the charges correct and informing of the potential consequences.
Disciplinary Hearing
- • Right to be accompanied.
- • Can the accused have legal representation at the disciplinary hearing?
- • Explain how the hearing will be conducted.
- • Outlining the complaint and evidence.
- • Employee permitted to set out his or her case and respond to any allegations made.
- • Protecting the identity of a witness.
- • Cross examination of a witness.
- • Summing up.
- • Adjournment prior to a decision.
- • The decision.
- • Allowing for an Appeal.
Has the employer been reasonable when deciding to dismiss?
- • Case study workshop on actual court decisions.
- • The band (range) of reasonable responses test for employers.
- • Natural Justice and Reasonableness
- • Legislation and Reasonableness
- • Supreme Court puts forward a new test for dishonesty.
- • Will you consider expired previous warnings?
- • Was the internal procedure fair?
- • Human Rights Act1998
Legal action is commenced against the employer
- • Could you have explored negotiating a settlement?
- • Settlement Agreements – things you need to know and the pitfalls to avoid.
- • The procedure through to and including trial.
- • Possible awards made against the employer.
Seminar includes:
- • Three course lunch
- • Coffee breaks
- • Free parking (Windsor)
- • Electronic certificate for attendance
Testimonials
“...balance struck between formal and informal...authoritative seminar...speakers being approachable and receptive to questions and answers from the outset...an enjoyable seminar, highly recommended.”
Former HR Director - Matalan Group
“...this was a significant learning exercise which will benefit the company enormously...”
Head of HR - Jaguar Land Rover franchise
“...the best training I have experienced in my seven years...easy to understand and presented in a manner that will give me the tools to manage my staff...”
Branch Manager - Jaguar Land Rover franchise