Maintaining absence management in the workplace is vital, in order to establish guidelines for staff, whether they are absent for short or long-term illness, maternity or paternity leave, or a staff member takes a few days off work of their own accord, without providing a reason why, or may not even inform their employer.

These absences must be regulated by the employer, in order to maintain order in the workplace.

 The following steps should be taken to achieve quality absence management:

The question of whether an employer grievance should disrupt disciplinary proceedings is one up for debate, as the answer is not definitive. As all cases are unique, therefore it is not all grievances cause disruption to disciplinary proceedings , as there may be some proceedings that are affected by a grievance, whereas others are not.

In some cases, the Employment Tribunal may decide to suspend proceedings to allow the employer to attend to any grievance issues raised by the employee.

On other occasions, the disciplinary procedure can run simultaneously with the grievance procedure, as usually the grievance is raised as a response to the disciplinary proceedings brought against the employee. Therefore, the grievance can be dealt with in the disciplinary hearing.

Employers should be aware of the risks involved when changing employment contracts, as employers cannot change contracts unilaterally, therefore employers should ensure that they adhere to the lawful processes when considering changing the terms of an employee contract.

An employer should make sure that they go through the correct procedure when making changes to a contract, ensuring that there will be no negative implications for the employee, as they may risk breaching the contract.

If a breach occurs then the organisation could face extensive damages, as well as unfair constructive dismissal claims.

An employer should be vigilant when considering an employee dismissal, ensuring that they carry out an essential enquiry in to the matter at hand, before deciding on a dismissal, as this option should be the last resort.

Before considering a dismissal, an employer should try to resolve any issues on an informal basis, which could involve a private chat with the staff member in question, before deciding the next steps to take.

Employers must ensure that they have written rules regarding disciplinary procedures, and that all staff are aware of these rules and procedures.  

The General Data Protection Regulation (GDPR) was enforced on the 25^th May 2018, which applied major changes to the way data is protected, enabling employers to reconsider their employment and HR procedures, and amend them in order to comply with GDPR requirements.

 Employers should maintain focus on the following factors:

Sexual harassment claims in the workplace are on the rise, and any employee who feels as though they have experienced harassment in a sexual manner, should be made aware of the process for making a complaint.

The legal definition of sexual harassment includes the following:

“A person (A) harasses another (B)”

“A engages in unwanted conduct of a sexual nature”

And “the conduct has the purpose or effect referred to in subsection (1)(b)”

The impact on employers regarding Employment Tribunal fees ending.

As of July 26^th 2017, the Supreme Court ruled Employment Tribunal fees as unlawful, but what does this mean for employers?

The ruling has visibly increased the amount of Employment Tribunal cases, with the Ministry of Justice publishing Tribunal statistics from October to December 2017 showing a 90% increase in the number of single employment tribunal claims.

Transferred redundancy also known as bumping occurs when an employee is dismissed, as their job is taken over by another staff member who was originally made redundant.

The discussion surrounding transferred redundancy is problematic for employers, as there is evident uncertainty regarding whether or not bumping should be discussed with employees during a redundancy consultation, and whether or not the employer or the employee is the first to it up in conversation, there is not actually a legitimate set of language that is currently in place for such discussion.

In the case of Mirab v Mentor Graphics (UK) Ltd, the Employment Tribunal concluded that as the claimant employee did not discuss the idea of bumping or taking on a new role, they decided in favour of the employer.