Blog
Banter in the workplace
In addition to illustrating the spiralling costs of allegations of harassment and bullying (seven figure non-disclosure settlements and extensive damage to reputation), allegations by employees, and former employees, of Sir Philip Green’s Arcadia Group serve as an...
Handling allegations at work
BBC Newsnight's recent report on the Palace of Westminster, a public institution that should be setting the standard for exemplary practice, serves as an ideal case study to demonstrate how not to deal with allegations at work. The approach to handling complaints,...
The cost of a flawed workplace investigation
"The Tribunal found that the investigation into these allegations was deeply flawed." Robinson v Combat Stress UKEAT/0310/14/JOJ is a conduct at work case that would appear to have been undermined by "very deep flaws in the totally inadequate process which the...
Benefits of a reasonable workplace investigation
Investigations at work are commonplace, from the routine such as gathering information with regard to customer concerns as incorporated into a worker’s daily role, to the more out of the ordinary and complex, such as exploring the facts in respect of alleged gross...
Workplace investigations – Scope
Recent Employment Appeal Tribunal (UKEAT) cases again highlight the importance of ensuring that a reasonable investigation is carried out, to ensure that decisions affecting workers' employment are based on consideration of sufficient information. South Lanarkshire...
Preventing costly conflict at work
Personnel Today recently reported Five costly employment tribunal awards and how to avoid similar claims. Citing the "ability of organisations to follow the Acas code of practice on disciplinary and grievance procedures" as a common theme, the issues included: senior...
Poorly handled concerns in the workplace
Carrying out workplace investigations over the past ten years I've regularly encountered cases where the poor handling of an earlier concern was cited in support of allegations claiming unfair treatment, these have included: The investigation into an earlier concern...
The value of open dialogue
Cafe owner Martha-Renee Kolleh put up a sign informing customers that she is a black woman, sparking wide ranging debate, including Guardian Comment is Free (1948 comments). Comments appeared covering perspectives on racism in the UK overall and Ossett, West Yorkshire...
Allegations at the Department of Education
A lengthy grievance process, senior members of staff "perceived as intimidating", bad language, a reported £25,000 pay out and potential Government select committee questions for the Education Secretary. Reports of events at the Department for Education have...
The importance of a fair and reasonable workplace investigation?
Internal investigations are now an everyday feature in the workplace. This may be in the context of anything from alleged misconduct, grievances and capability to a customer complaint and more. Many of us have experience of internal investigations, perhaps as an...
Cyber-bullying in the workplace
A recent survey conducted by academics from the University of Sheffield and Nottingham University, Punched from the screen: workplace cyber-bullying, highlights the on-going importance of this aspect of workplace behaviour. The variety of ways which workers can...
Managing diversity
Two high profile diversity surveys are currently underway: the CIPD asks Is Diversity and Inclusion Fringe or Fundamental? while HR Magazine is asking Diversity: Business strategy or just a 'nice thing to do'? In the context of globalisation and international teams,...
Communicating policies and procedures at work
Comments by the Information Commissioner's Office (ICO) earlier this week, together with large fines, show the importance of ensuring organisational policies and procedures are fully integrated into day to day working practices. Croydon Council was fined £100,000 and...
Workplace investigations in the news
Investigations continue to feature in current workplace news, reflecting the potential impact and overall importance to any organisation. A former NHS worker has been awarded £933,115 by an Employment Tribunal that found he had been subject to racial discrmination and...
Protected conversations in the workplace
In November 2011 the Government launched a consultation into the introduction of protected conversations in the workplace. The Employment Relations Minister said, "The objective is to encourage people who are afraid of having conversations that they ought to be...
Workplace relationships and work related stress
Employment cases with large pay outs or headline catching behaviour are high profile, sometimes sensational. The media excitedly focus on both the amount of compensation and the inappropriate workplace behaviour. The less high profile cases, or those that don't make...
The distinction between a grievance and whistleblowing
A whistleblowing policy and procedure is developed in the context of the Public Disclosure Act 1998 (PIDA). The areas covered can be highly sensitive and emotive, and without adequate training on how to handle such instances, can send senior management into a blind...
The shape and purpose of internal investigations
The latest developments in the News International phone hacking scandal again demonstrate the importance of a clear remit at the start of any internal investigation, together with a genuine commitment to establishing the facts. A letter from Harbottle and Lewis, the...
What is a reasonable workplace investigation?
News International and the integrity of the investigations into the News of the World phone hacking allegations continue to dominate public life. Meanwhile, investigations in the workplace may not be so high profile but they do remain an important feature and, if...
Basic lessons to learn from News International when conducting internal investigations
The current News of the World phone hacking allegations have thrown a sharp focus on the importance of credible internal investigations. The newspaper's vast advertising revenue is under threat as major multi-national advertisers consider their positions pending the...