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Tag Archive

How to conduct a grievance hearing: discrimination allegations

Discrimination is a complex and sensitive area of employment law, and can, and often does, detrimentally affect many aspects of peoples’ lives. Although often insidious in the workplace, this does not mean that employers should not take the necessary steps to ensure that it is eliminated, and where it still exists, to combat the issue quickly and competently.

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What are the tribunal rules for admission of covert recordings?

Recently we have seen an increasing number of cases involving covert recordings and their admissibility in tribunal proceedings, so what does the law say in this area?

The Tribunal Rules give judges a wide discretion when considering evidence. The general understanding is that tribunals should hear all the evidence that is relevant even in instances where an employee has made covert recordings of internal hearings. However, if an employee somehow managed to obtain a covert recording of a closed session, i.e. private conversations between the decision panels making a decision, the recording will likely be inadmissible.

Here are a few simple steps to help you avoid an argument for admission of covert records: 

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Disciplinary and Grievance hearings and the right to be accompanied

A common topic that is consistently put to employment lawyers, both by employers and employees, is who can attend a disciplinary or grievance hearing as an employee companion?

This question is generally then followed by a description of an unusual request for an employee’s neighbour, mother, long-lost cousin or dog-walker to accompany them to their hearing. An employer is free to concede to such requests if they are ‘reasonable’ and most commonly where it is likely to aid in the smooth running of the hearing.

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