By using this e-book you will have the tools to understand and address the different problems that can arise with the Internet, E-mail, Social Media and other electronic communication tools and applications. Social Media Dismissal Social media is a way of using the internet to interact and share business as well as personal interests with […]
By using this e-book you will have the tools to understand and address the different problems that can arise with the Internet, E-mail, Social Media and other electronic communication tools and applications.
Social Media Dismissal
Social media is a way of using the internet to interact and share business as well as personal interests with other people all over the world. The 3 main networking sites are Facebook, LinkedIn and Twitter. In addition to these main players there are various other platforms, blogs, forums and comment spaces on information websites. Suffice it to say that social media is huge and you are probably a user of one or more of these platforms. Together with emails and text messaging, the one thing they all have in common is that using them carelessly may cost you your job and worse.
You can Tweet and re-Tweet, post status updates, like, comment and share opinions and information instantly with a national and global audience. The problem is that once it’s gone, it’s gone! There are no safeguards, you don’t know where that communication is going and unlike some e-mails, once you hit that button you have no way of recalling what you have sent. Even if you delete your account, the communication can be saved and shared. It remains permanently in the ether to come back and haunt you, when you least expect it.
Using your personal social media account to share with “friends”, “followers” and “connections” can still cause problems at work because you have no control over who they share your communication and personal information with. Misuse or inappropriate use of social media, email and text messaging can create criminal and civil liability for you and your employer. Most criminal offences that can be committed by using words or images can be committed using social media, and the legal repercussions are the same as off-line activity. There is no specific regulation of social media, so existing employment, criminal, data protection and human rights laws apply.
The Guide breaks down case law in a user friendly way so that you can easily apply cases to your particular situation. It covers what you need to know, taking you quickly and simply through essential information on;
• Your legal rights • Case law • Remedies and compensation • Templates • Information and guidance on the use of social media in employment
The E-book shop has employment law guides available to download. The books provide you with information, templates, how-to’s, and insider tips so that you know as much, if not more than your employer about the legal aspects of your case, and options available to you. We also have templates of Employment Tribunal claims to help you present your case properly to the Employment Tribunal and maximize your chances of winning your claim
Your Employer can discipline you for conduct, capability or some other substantial reason. This book provides all the information, templates and guidelines that you need to help you through the disciplinary hearing.
What is a Disciplinary Hearing?
A disciplinary hearing is a meeting facilitated by your Employer to discuss allegations against you and to give you an opportunity to respond to those allegations. Your Employer can discipline you for conduct, capability or some other substantial reason. S13 (4) Employment Relations Act 1999 says that a disciplinary hearing is a hearing which could result in the administration of a formal warning to a worker by his employer, the taking of some other action in respect of a worker by his employer, or the confirmation of a warning issued or some other action taken. In 48 pages, this e-book guides you through your legal rights throughout the process, with tips, templates and tactics on what to do and how to protect yourself.
This guide gives you valuable guidance on the entire process. It is essential if you want to give yourself the best chance of a good outcome, and to have a strong employment tribunal claim or settlement if you should have to leave your job. The guide is your essential step-by-step guide to the Disciplinary Hearing Process. It is supplemented by free information on the I don’t want to lose my job section of the website. It covers everything you need to know, taking you quickly and simply through essential information on;
This guide is your essential step-by-step guide to your employment rights regarding alcohol and drug dependence and what you can do if you are facing disciplinary action for using alcohol or drugs, or for having alcohol or drugs in your possession at work or outside work.
Alcohol and Drugs at work
Alcohol and drugs have an impact on your ability to work safely and correctly. Under the Health and Safety at Work etc. Act 1974, your employer has a duty to ensure that the working environment is free from the inappropriate use of substances and all employees are able to carry out their duties in a safe and efficient manner to protect the safety of the workplace. This includes ensuring that no employees are working under the influence of alcohol and drugs. If you are found in possession of controlled substances in contravention of any of the laws listed below, it could still affect your job, if your employer decides that your actions outside of work are sufficiently serious to justify disciplinary action. This would also apply to being under the influence of alcohol outside of work.
How Employers generally deal with this problem
Employers have different approaches to alcohol and drug dependency. It can be approached as a disciplinary, health or performance issue or a combination. Remember that your employer is exactly that. Your employer. Not your counsellor or your friend. As such, your Employer will be more interested in your performance or behaviour, rather than the cause of it, and so it is your performance or behaviour that can get you fired from your job. Depending on the behaviour or performance issue that highlights the dependency problem, your Employer may choose to initially treat it as a health problem requiring a capability process, which can be escalated to a disciplinary if the problem persists. If it is a serious performance or behaviour issue, your Employer can go straight to the disciplinary process and you could lose your job.
The Guide discusses the law, including case law developments that will help you defend yourself. It covers what you need to know, taking you quickly and simply through essential information on; • The applicable law and your legal rights • Remedies available to you • Case law on alcohol and drug dismissals • Guidance on what to do
By using this book you will have the tools to understand your rights in the event of a capability or performance management process. The book takes you quickly and simply through the law in a user friendly way so that you can easily apply it to your particular situation.
Capability and Performance Management
S98 (2) (a) of the Employment Rights Act 1996 makes Capability or Lack of qualifications a potentially fair reason for dismissing an employee. Capability covers a range of issues from lack of productivity to an inability to establish good working relationships with clients or colleagues.
Your employer can dismiss you on these grounds if they believe that you cannot do your job to the standard required of you. This can be because you can’t work to the skill level needed for the job. It could also be because you can’t carry out the work because you are ill and your employer needs to get the work done. This means you can be dismissed because of your poor sickness record, but your employer will have to go through particular steps to do so. This e-book guides you through what you should do, what to avoid and look out for. In 38 pages, the book guides you through the following;
Your Employer’s legal duty to act reasonably and follow a fair procedure
The requirements of the ACAS Code on Discipline & Grievance Procedures
Asking discrimination questions through the Questions Procedure is a way of getting information from your Employer about discrimination you have suffered at work. It is important for gathering evidence to support your case….flip the book for more
This guide provides in depth direction on writing a grievance about bullying and harassment at work. It shows you how to escalate breaches of policy and employment law, strategies and issues of limitation that you need to be aware of.
What is a grievance?
The ACAS Code defines grievances as “concerns, problems or complaints that employees raise with their employers”. You can raise a grievance about things like your terms and conditions of employment, health and safety, workplace relationships, new working practices, organisational changes, equality, discrimination, bullying and harassment, and whistleblowing. Always try to resolve problems informally before raising a grievance.
Bullying and harassment
ACAS defines bullying as “offensive, intimidating, malicious or insulting behaviour, an abuse or misuse of power through means intended to undermine, humiliate, denigrate or injure the recipient. Bullying or harassment may be by an individual against an individual (perhaps by someone in a position of authority such as a manager or supervisor) or involve groups of people. It may be obvious or it may be insidious. Whatever form it takes, it is unwarranted and unwelcome to the individual.”
There is not a single piece of legislation that deals directly with bullying and harassment at work, but there are many laws that can provide you with a remedy for bullying and harassment. Unfortunately, most of the legal framework does not prevent bullying, but rather provides you with compensation after you have been bullied.
Under section 26 of the Equality Act 2010, harassment is defined as unwanted conduct that has the purpose or effect of violating the dignity of people in the workplace or of creating an intimidating, hostile, degrading, humiliating or offensive environment. To be protected under the Equality Act 2010, the harassment must be related to a protected characteristic. Harassment includes bullying if it relates to one of the protected characteristics listed above. Even if the harassment does not relate to a protected characteristic, you are protected by the Protection from harassment Act 1997.
This guide provides you with critical information on your legal rights, with templates and tactics to help you raise a grievance about bullying and harassment, as well as the stress that it causes.