Employee Management
the law, the research and the reality
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The probationary period of employment offers both employers and employees a unique opportunity. Use it wisely, and document it well; as we see from Mrs. Shaukia Mir v. IQVIA Ltd, dismissal following a probationary period does not always go unchallenged. The effective and robust use of probationary periods is essential and I will write about how and why in more detail at another time, but for now I’ll just set out a few key reasons to make the most of the opportunities afforded by using a good probationary process: This…
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Can a dismissal without prior warning or a right of appeal ever be fair? In the recent case of Matthews v CGI IT UK Ltd [2024] EAT 38, the Employment Appeal Tribunal (EAT) grappled with this question. The answer, a nuanced yes, is critical for employers to understand, not least because it reinforces the importance of having robust policies and procedures in place. The Case The dismissal in question came after a prolonged process during which the employer genuinely tried to find a reasonable solution that would enable the employee…
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Introduction: I recently came across this paper by Roos ten Vregelaar, exploring the critical factors contributing to the success of Self-Managing Teams (SMTs) within organisations. This inquiry is driven by the recognition of the growing adoption of SMTs since the mid-20th century and the associated benefits such as increased flexibility, job satisfaction, and organisational commitment. Despite the advantages and extensive research on SMTs, a comprehensive framework for their success remains elusive. Through an evidence-based literature review of 56 peer-reviewed articles, the paper aims to fill this gap. I thought a…
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Winning an employment tribunal claim is hard enough at the best of times. The last thing any claimant needs is to snatch defeat from the jaws of victory due to their own conduct. But as the stark example of Kaur v Sun Mark Ltd shows, that is exactly what can happen if a tribunal concludes you have undermined the fairness of the process by deliberately destroying or concealing relevant evidence. The Case The claimant had succeeded in her claims of sexual harassment, discrimination and victimisation against her former employer and…
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Ms L McLean v Siemans Mobility Ltd. The Claimant, a contract worker for Siemens Mobility Limited, brought a slew of claims against the company. The allegations? That she had suffered detriment and discrimination after making protected disclosures about billing practices, project status, and alleged profiteering, as well as victimisation and direct sex discrimination regarding timesheet approval and pay disparities. The Employment Tribunal, however, saw things differently. In a comprehensive judgment, the tribunal dissected each of the claims and found them wanting. The alleged protected disclosures? They didn’t meet the legal…
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As organisations increasingly rely on collaborative team efforts to drive productivity and innovation, understanding the dynamics that shape effective teamwork becomes paramount. A recent academic study from a Hungarian Nuclear Power Plant (Influence of personality on Teamwork behaviour and communication) sheds light on the profound influence that individual personality traits can have on team communication, behaviour, and overall performance – particularly in high-risk, highly regulated environments. Based on the Five Factor Model of personality, the research explored how traits like extroversion, agreeableness, and conscientiousness impacted the communication styles, interpersonal interactions,…
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Donkor-Baah v University Hospitals Birmingham NHS Foundation Trust and Others (2024) EAT 23 Introduction: In the often complex world of employment law, the distinction between different types of workers can sometimes seem like navigating through a dark, unfamiliar corridor. The case of Donkor-Baah v University Hospitals Birmingham NHS Foundation Trust and Others shines some clarifying light on the specific rights of agency workers, providing essential guidance for both HR professionals and managers. Let’s delve into the crux of this case and unearth the key takeaways for effectively managing agency staff…
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Mr J Frankis v Mears Ltd: 3200409/2019 – Reserved Judgment. An employment dispute centred around the excessive personal use of a company mobile phone brings to light several critical lessons for employers and HR professionals. The case, while specific in its details, reminds us that there’s more to policy adherence and procedural fairness than simply having written policies and procedures. The Essence of the Case Mr Frankis was employed by Mears Ltd, under contract from Thurrock Borough Council, as a Plumber/Multi-Trade Operative. It is perhaps useful to note that he…
