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Annual Review of Employment Law 2020
We have published the narrative and video links (part 1 and part 2) of our Annual Review of Employment Law 2020, which has been delivered through a number of partnership events by our Director of Employment Relations Services, Mark McAllister.
Misconduct and gross misconduct
Disciplinary issues arise when the employer has concerns about an employee’s conduct, absence from work or the way they are performing in their job. They may start a disciplinary procedure which could lead to disciplinary action (including dismissal in more serious cases).
Advertising the job
An employer has an obligation to ensure that recruitment advertising is carried out in a non-discriminatory manner.
Warnings and other disciplinary action
Warnings in the workplace should be part of a disciplinary process and they should be designed to allow employees to change a particular behaviour within a given timeframe. They should be given as quickly as possible after the behaviour occurs. Any sanctions should be proportionate to the alleged offence.
Trade Union duties and activities
An employee who is an official of an independent trade union which is recognised by the employer must be allowed reasonable time off with pay during working hours to:
Jury service
Jury service is a public duty.
Adoption leave
Employees who are adopting are entitled to time off in a similar way to maternity leave.
Surrogate Parent leave
A surrogate parent may be eligible to Statutory Adoption Leave and Pay from 5 April 2015, provided that:
Employee representatives
Employees who act as representatives for consultation about redundancies or business transfers, or are candidates to be representatives of this kind, are entitled to reasonable time off with pay during working hours to perform these functions and to receive appropriate training.
Unfair dismissal claim
There are several ways a dismissal could be considered unfair.