Docklands Solicitor

The employer must provide full an complete information as part of a proper consultation process. This would usually included reasons why the employer is contemplating the work changes proposed; the manner in which the changes will help the employer to meet its aims (e.g. avoid redundancies) who will be affected and for how long, and the steps in the consultation process.

If, following consultation, no agreement can be reached, then the employer can simply try to force the changes through.

This will be done by the employer giving the employees their proper notice periods, and simultaneously offering them the new, varied, contracts of employment to take effect from the date on which the old contracts end.

If the employees accept the change, then the variations are made and the employees continue under the new terms. If they do not accept, then their employment will end at the date of the notice period, and the employees will then have to decide whether to bring claims for unfair dismissal.

If so, the employer may well be able to rely on the ?some other substantial reason? defence when justifying the dismissals. Provided the employer had a good reason for proposing the changes, and consulted properly about it, those dismissals are likely to fall foul of the unfair dismissal rules.

For help and advice please contact Selwan Yousif at Kaslers Solicitors LLP on 0207 7121751

Labels: docklands solicitor, employment contracts, legal advice

Follow any contractual or non-contractual procedure already published but if there is none?..

Appoint someone to carry out an investigation to establish the facts.

If you then decide to take disciplinary action, write to the employee concerned with detailed allegations and possible consequences

Attach copies of any written evidence

Ask him to attend a disciplinary hearing at a given time and location.

At the hearing

your representative (preferably someone other than the investigator) should explain the case and go through the evidence gathered

Allow the employee to answer all the allegations, ask questions and call witnesses.

Decide (preferably after due consideration, rather than instantly) whether any disciplinary action is necessary and write to the employee accordingly

If the issue is
o Performance or conduct, give a first written warning setting out a timetable and pattern of improvement for the employee to follow. Consider training. Write down the consequences of failure

o Extremely serious, give a final written warning.

o Gross misconduct, you might consider dismissal without notice

Indicate how long the decision will remain on the employee?s personnel file

Set out the right to appeal and how they should go about this

Hear the appeal (preferably using different, more senior managers)

Write to the employee confirming or overturning the decision or amending any penalty. Indicate how long the decision will remain on the employee?s personnel file

Labels: disciplinary, docklands, employment contracts, misconduct, solicitor