Items filtered by date: October 2015

 

The Case:

Mr R was employed by the Department of Transport and spent a lot of time out on the road.  He had a company credit card to pay for hire cars and company related expenses.  He was not allowed to use the credit card for personal expenses. 

 

The Investigation:

Mr R was investigated for excessive use of the credit card including high petrol use and a hire car for personal use. 

 

The initial investigation reported that Mr R had been misusing the credit card but stated that it was not deliberate and his reasons were consistent and plausible.  The report recommended an outcome of misconduct and a final written warning. 

 

HR’s Influence:

A member of the HR team reviewed the report and over a significant period of time, comments and amendments were made which included the removal of some favourable comments.  The final report then recommended that Mr R be found guilty of gross misconduct and summarily dismissed.  This action was carried out by the chairperson of the disciplinary hearing. 

 

Employment Tribunal:

Mr R raised an employment tribunal against the company but lost his case. 

 

Employment Appeal Tribunal:

Mr R then appealed to the Employment Appeal Tribunal (EAT).  The EAT held that the report of an investigating officer must be the product of their own investigations. Although a dismissing or investigating officer is entitled to seek guidance from HR, such advice should be limited to matters of employment law and procedure (as opposed to matters of culpability). HR is allowed to assist the investigating officer in the presentation of their report, but only for example by ensuring that all necessary matters have been addressed and to achieve clarity.  All decisions must be made by the investigation officer and the chairperson of the disciplinary hearing.  Mr R won his case. 

 

What you should do:

When you seek advice from our HR consultants, we will advise you on the disciplinary procedures that need to be followed, letter writing to ensure all details are correct, suitable outcomes and any potential problem areas.  We will always highlight any employment law concerns and clarification can be sought from our employment lawyer if required.  The final decision on any dismissal will be made by you, the employer. 

 

Published in HR Blog...
Wednesday, 14 October 2015 10:46

Applications

It's a real bug bearer of mine when I receive and poorly written application.  It might be by email or letter but either way, all job applications are formal communications.  So please don't send in an application like this....

As a work shop enginner for a 11 years.which I reline brake shoes clutches.working shortblaster air tools.I live in brechin now so just asking if there is any jobs . house number is XXX  thank u

 

If you are applying for job or even just enqiring about any vacancies, make sure you use proper English and grammar.  This is the first impression that a company will have of you and it has to be a good one.  

Published in HR Blog...
Wednesday, 14 October 2015 10:26

Our first HR blog post

Welcome to our first ever HR blog post. 

 

We'll try to keep our blogs short and informative.  If you have a burning issue that you would like some advice on, why not email us and we'll post a blog about it with some helpful hints and tips.  

 

With our HR blog, you can comment on posts, rate them, share them on social media and search our archive to find what you're looking for.  It's friendly and easy to use!  

 

Stay posted for regular HR updates and discussions.

Published in HR Blog...