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How much is an Employment Tribunal claim?
The short answer is that it is currently free to submit the documentation required to bring or defend an Employment Tribunal claim. There are currently no court fees payable to the Tribunal itself. However, while access to the Tribunal is currently free, the costs...
Discounting disability related sickness absence: an introduction
Discounting disability related sickness absence is an issue that employers frequently need to consider. However, there is often uncertainty about when such absence should be discounted and the rationale for doing so. Organisations frequently rely on absence management...
Formal capability procedures – an overview
Managing employee performance is a critical function within any organisation. While most performance issues can be resolved through day-to-day management and informal conversations, there are circumstances where a more structured and formal approach becomes necessary....
Can you take your employer to tribunal whilst still employed?
The short answer is yes, you can bring a claim in the Employment Tribunal while you are still employed. There is no legal requirement to resign or be dismissed before initiating proceedings, and in many cases it is both appropriate and necessary to act while still in...
Who decides if an investigation goes to disciplinary?
Workplace investigations are necessary to establish what happened. Yet many organisations struggle with a deceptively simple question: who decides if an investigation goes to a disciplinary hearing? The answer is that it would typically be part of the investigator’s...
How to tell someone they have not passed probation
It is common for managers to ask themselves, ‘how do you tell someone they have not passed probation’? The answer is that you do so clearly, directly, and respectfully, ensuring there is no ambiguity: you explain, for example, that their employment is ending because...
How long does a disciplinary investigation take?
One of the most common questions raised by both employees and employers is: how long does a disciplinary investigation take? The answer, perhaps frustratingly, is that there is no fixed timeframe (an exception may be if organisational policies specify a timeframe...
Can the same person conduct both investigation and disciplinary?
It is common for employers to ask ‘can the same person conduct both the investigation and disciplinary? The answer is yes, the same person can carry out both the investigation and the disciplinary hearing. However, it is important to consider any policies that are in...
What is whistleblowing at work?
You may have heard the term whistleblowing but may be unable to answer the question what is whistleblowing at work? Essentially, making a protected disclosure (what is commonly referred to as whistleblowing) is the act of reporting serious wrongdoing, such as...
Is an investigation meeting the same as a disciplinary hearing?
When concerns arise in the workplace, many employers and employees ask: is an investigation meeting the same as a disciplinary hearing? The terms are often used interchangeably, but they refer to two distinct stages of a disciplinary process. The key difference is...
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