At every DSG meeting, members offer guidance on potential action points to those currently facing management decisions that seem to the Group to be inappropriate, disproportionate or unreasonable.
A summary of action take home points from our meetings will appear on this page.
18th January 2015
1. Incompatibility – “Irreconcilable breakdown of trust and confidence”
One member suggested that with recent changes to employment law, employees could be dismissed because they were incompatible with colleagues and other members of staff.
The subject of irreconcilable breakdown of trust and confidence has been extensively discussed in the New Zealand literature:-
In 2006, the question of incompatibility was addressed by a firm of lawyers:-
Can employees be dismissed for incompatibility?
A useful discussion appears from the UK perspective appears on the http://www.birketts.co.uk website –
2. Discussion with MPs
Employees who believe that their employers are acting inappropriately have a right to discuss the issues with their MP. If possible, the discussion should take place within the Houses of Parliament to ensure Parliamentary Privilege.
When arranging to meet with an MP, state that the business is highly confidential.
3. Grievance Procedures: – When to play your employee ‘cards’
Group members will appreciate that employees are dealt a weak hand when it comes to employment law.
Nevertheless, you have to make use the best of the cards you have and know when to best play them.
The question of when to use the Grievance Procedure card arose. This card is not welcomed by employers as it puts them on the defensive and occupies their time. Playing this card will not endear you them: This is a card to withhold until you are running out of cards. If your legal advisers are coming to the conclusion that the only way you are going to make headway is to take your employer to an Employment Tribunal, the Grievance Procedure has to be fully evoked including the Appeals procedure to demonstrate to the Tribunal that all other options have been fully exhausted.