View Full Version : Employment law /Industrial tribunals

08-03-2007, 03:00 PM
again from the Peninsula talk.

1. Tribunals are interested in procedure first, then details of the merit of any case. This means that if you get the procedure wrong ( no matter what the merits are) you will as an employer always be decided against- unfair dismissal.
Got a video showing an employee spray-painting graffiti on the surgery walls?- not relevant unless the procedure of dismissal was watertight.

2. If your employment contracts do not include sections on statutory rights- like harassment, age discimination etc. you fail at the first hurdle in a tribunal case. No procedure if no policy- by default, and you lose.
So- if you don't have a policy on age discrimination, and an employee gets upset when he/she receives a birthday card that makes fun out of his/her age- and that employee takes you to a tribunal- you lose automatically on the basis of " no policy- no procedure- case proved"

3. In order to protect yourself you must have excellent procedures for dealing with grievances/dismisals. be careful of the "appeal" process. If the original grievance was heard by the senior partner you have made a serious mistake- there isnt anyone else left who can take the appeal, no-one that is who is in a position to overrule and change it ( the senior partner is unlikely to reverse his original decision). Always use an employees line-manager, and reserve the senior partner for appeals.

4. In employee recruitment you have to protect yourself from tribunal cases from applicants who were unsuccessful. You must have a job profile, and you must have an interview checklist. On the checklist must be an observation the interveiwers must make on " candidate suitability for post" or something similar- the interviewers opinion/impression of how suitable they would be for the job. This should be used to enable you to prefer one person over another when they have similar qualifications. and it gets you out of a sticky mess.

these are my observations only be advised.

Jane Jones
12-09-2007, 12:32 PM
Dear Dr Rogers

From reading all of the above, am now panicing. We do not have a written health and safety policy. Could anyone supply me with a copy of theirs please?


12-09-2007, 01:45 PM
Jane, there are a couple of uploaded policies here
but you might want to have a look at mine- uploaded below- there is a statement and a recording file
Please note though that I take no responsibility for the legal integrity of these documents, i am just making available what I use myself

Jane Jones
17-09-2007, 10:06 AM
Many thank Gary, no I had not received these documents.

Best wishes, Jane:)

sue curtis
22-10-2007, 04:12 PM

This information has been really helpful