Do you want the answers to some knotty HR questions? Consider the following examples:
- We went through a disciplinary process with an employee. The initial decision was to dismiss him. On appeal however, we decided to go for the lesser penalty of demotion. This employee has presented a claim of unfair dismissal to the Employment Tribunal. Can he claim we dismissed him even though we changed the decision on appeal?
- We are going through a disciplinary process, and the employee wants to be accompanied by a legal representative. Does he have a right to insist on this?
- I have been nominated to act as chairperson of an appeal. Having considered the same evidence, I am considering issuing the employee with a different penalty to that issued by the dismissing officer. Can a harsher penalty be given on appeal?
- I have an employee who has two jobs – one with me, and the other with a completely different employer. She is currently signed off sick with us and receiving statutory sick pay. We have found out that she has been attending work for her other employer – isn’t that fraudulent?
- What if an employee raises a grievance when we are taking them through some other process, for example, for poor performance, poor attendance, or a probation review - do we need to stop the process and start the grievance procedure?
- We were going through a performance management procedure with an employee, but she has given notice that she is pregnant. Do we need to stop the process?
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