WorkLife: Discipline and performance management

Our thoughts on the world of employment law - and beyond.

“Gagging” an ex-employee – Part 1: Can you do it?

“Gagging” an ex-employee – Part 1: Can you do it?

Not a day seems to pass without yet another story about Donald Trump hitting the news. In addition to him bragging this week about the size of his nuclear button, we have had a row explode very publicly between him and his former strategist, Steve Bannon. Bannon is alleged to have violated a non-disclosure agreement by disclosing confidential information and making disparaging (and in some instances apparently defamatory) statements about Trump and his family. Explosive claims, allegedly made...

Whistleblowing and the mind-set of the decision-maker

Whistleblowing and the mind-set of the decision-maker

The recent Court of Appeal case of The Royal Mail -v- Jhuti gives guidance for employers when reaching decisions to dismiss employees in circumstances where the employee has in the past raised protected disclosures. 

Employees performing badly: our top ten tips for effective performance management

Employees performing badly: our top ten tips for effective performance management

I’m sure we all have sorry tales to tell about the difficulties (for all concerned) of managing poor performance.  Here’s one which the employment tribunal had to consider recently ( in the case of Mrs Williams V Meddygfa Rhydbach Surgery ):

Investigation overkill: can a disciplinary investigation dig too deep?

Investigation overkill: can a disciplinary investigation dig too deep?

Many readers will have been involved, at least to some extent, with disciplinary dismissals. It is a basic premise of a fair disciplinary dismissal that it must have been preceded by a reasonable investigation. But what exactly is a reasonable investigation? I’m afraid the typical lawyer answer is that it’s going to depend on the circumstances! However, in summary, an investigating officer will need to consider a broad range of issues including: 1) how many witnesses they need to speak to; 2)...

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