Avoiding unconscious bias in disciplinary proceedings

non disclosure agreements

An interesting decision from the Employment Appeal Tribunal (EAT) has shown the importance of following correct procedures. The case in question has highlighted that failings in investigation and disciplinary proceedings can lead to a Tribunal finding that the reason for those failings were discriminatory – possibly on the basis of unconscious bias on the part of […]

TRIBUNAL NEWS | Failed drug test an automatic dismissal?

staff member fail drug test

A recent Employment Tribunal decision has shown the importance of not treating a positive drug test result as automatic grounds for dismissal. Employers need to properly investigate misconduct, consider all the evidence, think about all the circumstances of the case, follow their own internal procedures and refrain from pre-determining the outcome of a disciplinary procedure. […]

HOSPITALITY | Persistent Lateness

late for work

Do you have a member of the team who is routinely late for work? Persistent lateness not only impacts upon your ability to serve your customers but also drains the morale of your team. What kind of excuses do you hear for it? “The bus didn’t turn up!” “The train was delayed.”  “Rush hour traffic […]

EXPENSES | Dealing with employees’ dishonesty

Employers have hundreds of things to do. Policing their employees’ work expenses is often one task that doesn’t get too much time spent on it.  While the majority of your employees will be making reasonable expenses, a closer look at some expense forms may reveal that one or two of your employees may be taking […]

Guide | How to deal with employees who return to work late after holiday

late for work

We all want our employees to enjoy their time off work, but what happens if an employee takes that one step too far and does not return to work on the allotted day? Sometimes, it may be as a result of something that is outside their control, for example, their flights had been delayed, they […]

Ruling on discrimination arising from a disability

A recent decision by the Court of Appeal has highlighted that employers need to look at the reasons behind an employee’s conduct.  The case acts as a useful reminder that when dealing with misconduct or performance issues with an employee who is disabled, care needs to be taken to avoid being found liable for unlawful […]

Gross misconduct – an FAQ for employers

gross misconduct

When an employee commits an act of gross misconduct, employers will often not know what their next step should be. Can you do an Alan Sugar (i.e. point your finger towards the employee and ask them to leave immediately) if someone commits gross misconduct? Or do you need to have a follow a specific procedure? […]

How to handle appeals of disciplinary decisions


There are a number of key ingredients to a fair disciplinary procedure and the appeal is an important component which employers often forget about.  It’s important to handle employee misconduct with care and get the disciplinary procedure right to avoid pesky claims of unfair dismissal. So to mitigate the risks of claims of this kind, […]

Swearing at work – no big deal?

Using profanity in the workplace is not necessarily unacceptable. In some sectors, such as in construction or manufacturing environments, it may be more commonplace, but in an office, it may be considered more offensive. If someone stubs their toe on the edge of their desk or burns them self while drinking their cup of coffee, […]

Capability vs conduct

When an employee is not performing to the required standards, is it capability or conduct? When we are talking about someone that can’t do something, this is a capability issue. They are willing and trying hard, but despite you giving them training and support, they are struggling to perform. This should be dealt with through your performance/capability […]