For union representatives in PCS, which has a majority membership of civil servants, there is limited need to be aware of the protections provided by the Transfer of Undertakings (Protection of Employment) Regulations 2006, or TUPE as it is more commonly called. But for union representatives more generally this is a key area upon which … Continue reading IWGB secure important judgment on TUPE and Workers
In 2005 Mr Orr, a Black Jamaican youth worker, was dismissed by Milton Keynes Council for misconduct. He was dismissed by a Mr Cove who heard the case against Mr Orr, and at which Mr Orr was not present. Mr Cove conducted the disciplinary hearing in good faith and, as noted, this resulted in Mr … Continue reading The Mind of the Decider (1): The case of Orr
The ACAS Code of Practice on Disciplinary and Grievance Procedures has been pretty much constant for a number of years. Personally I think that is a shame as I find it decidedly lacking in vision, and little more than a checklist of what to avoid to prevent a grossly prejudicial decision; less a roadmap to … Continue reading Deferring disciplinary and grievance hearings beyond five working days – Talon v Smith
The recent Employment Appeal decision in Radia v Jefferies International Ltd is a good case study in how established 'fair process' norms will not always render a dismissal unfair. Somewhat unusually since I tend to be critical of such deviation in this case it strike me that the decision is a reasonable one and that … Continue reading Failure to investigate misconduct before dismissing employee was not unfair
When someone is dismissed from their employment for misconduct the ACAS Code of Practice states that the employer should allow the opportunity to appeal and, in most cases, the employee will be seeking for the dismissal to be overturned and to be reinstated to their formal role. The Code also requires that that appeal and … Continue reading Now you see it, now you don’t: the strange case of the vanishing dismissal (or possibly not).
Right now there is an election in progress that will effect the working lives of all union members in the UK, with one group of candidates having made commitments to end austerity and provide a real pay rise to civil servants after a decade of real terms pay cuts. That election is, of course, the … Continue reading PCS General Secretary election begins
An employer is obligated to make disability related reasonable adjustments in connection to work if an arrangement of an employer places the disabled employer at a substantial disadvantage. This is commonly referred to as the duty to make reasonable adjustments and is set out in section 20 of the Equality Act 2010. In the context … Continue reading Removal of a disability related adjustment amounts to a failure to make an adjustment