employment Liverpool

  • Grievance procedure

    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.

  • Employment Tribunal Fees

    The impact on employers regarding Employment Tribunal fees ending.

    As of July 26th 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

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also known as bumping occurs when an employee is dismissed, as their job is taken over by another staff member who was originally made redundant.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

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