Investigating Misconduct

Investigating misconduct in the workplace is a tricky business.  Getting it wrong can cost your business big time.  In one case, an investigator simply accepted the evidence of senior people at an event.  He failed to consider conflicting accounts from other people there or follow up on some of the answers he received.  His rushed and shoddy investigation cost the business a significant amount of money and time. What Makes a Good Investigator? Investigators need the time, skills and ability

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5 Steps to Winning a Tribunal Claim

There are 5 straightforward steps that significantly increase your company’s chances of winning a tribunal claim. Step 1: Take Advice Take advice before you take action.  If you want to dismiss someone you should always take legal advice because everyone who is dismissed can bring a tribunal claim.  You need to know whether or not you will be able to defend it and, if so, how you are going to do so. If someone resigns you should also take legal

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Gross Misconduct – How can we possibly lose?

Why do companies lose tribunal cases where they have dismissed an employee for gross misconduct?  Having an employee commit gross misconduct in the first place is bad enough. But then losing an Unfair Dismissal claim, or worse, a discrimination claim, just adds salt to the wound and thousands of pounds to the bill.  So why does this happen? The law on how to properly dismiss an employee for misconduct has been around for many many years and yet employers still

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