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Wednesday, May 5, 2021
Here are answers to a handful of questions about the right to be accompanied which all came up at our webinar on grievances on 22 April. More to come this week.
The right arises under section 10 Employment Relations Act 1996 – where the worker (not just an employee) is invited to a grievance hearing and “
reasonably requests to be accompanied“, then he is entitled to attend with a willing companion chosen by him who falls within section 10(3), as to which see question 5 below. It is also enshrined in the Acas Code on Disciplinary and Grievance Procedures and the accompanying guidance.
Historically it was thought that the “reasonably” as in “
Covid is no excuse for financial services firms to allow investigations to slip down the priority list
The financial services sector has certainly seen its share of high-profile cases, from sexual harassment to bullying.
In the current climate, where in particular there is a renewed focus on sexual harassment and gender-based violence, thorough and robust workplace investigations to create safer workplaces are more vital than ever, write Maria Strauss and David Hunt, partners at law firm Farrer & Co.
Importance of seeing through investigations
The Acas Code of Practice on disciplinary and grievance procedures and any appropriately drafted workplace policy require investigations to be conducted into any disclosures or allegations of misconduct.
United Kingdom: Employee surveillance of the employer, and guidance on managing connected disciplinary proceedings
In a case in which it was held that an employee was unfairly dismissed for setting up a camera to monitor anyone who entered his private office, the Employment Appeal Tribunal (EAT) has also provided useful guidance on the approach employers should take to investigating and hearing connected disciplinary hearings against more than one employee.
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In brief
In a case in which it was held that an employee was unfairly dismissed for setting up a camera to monitor anyone who entered his private office, the Employment Appeal Tribunal (EAT) has also provided useful guidance on the approach employers should take to investigating and hearing connected disciplinary hearings against more than one employee.