DISCRIMINATION, HARASSMENT and BULLYING in the WORKPLACE 😔

by Ryan Clement TO DISCRIMINATE DIRECTLY AGAINST A PERSON UNLAWFULLY is to treat that person less favourably than a comparator (actual or hypothetical) in stipulated situations because of a protected characteristic such as age; disability; gender reassignment; marriage and civil partnership; race; religion or belief; sex; and sexual orientation. HARASSMENT is as an unwanted conductContinue reading “DISCRIMINATION, HARASSMENT and BULLYING in the WORKPLACE 😔”

GRIEVANCE and DISCIPLINARY

by Ryan Clement THE STANDARDS to be applied by an investigator when investigating a grievance or a disciplinary matter is the, ‘balance of probabilities.’ This test is not easy to apply. For example, when an investigator is face with two opposite accounts, which both appear to be plausible in the circumstances, they must still nevertheless decide. The balanceContinue reading “GRIEVANCE and DISCIPLINARY”

CONTRACTS OF EMPLOYMENT

by Ryan Clement, barrister LIKE WITH MOST CONTRACTS, a contract of employment consists of three key components: offer, acceptance and consideration. THE OFFER is made by the prospective employer, which is ACCEPTED by the prospective employee. CONSIDERATION would be, amongst other things, the employee agreeing to undertake the work that is stipulated in the contractContinue reading “CONTRACTS OF EMPLOYMENT”

⚖️ ON BALANCE ⚖️

by Ryan Clement, LL.M., barrister STANDARDS OF PROOF are more prevalent in our daily lives than many of us might care to realise. It could be the difference between being found to have committed to a disciplinary offence at work or not; between succeeding at one’s grievance or not; being deemed to have been wrongfullyContinue reading “⚖️ ON BALANCE ⚖️”

The New Kid on the Block “IN UNDER 1 MINUTE ⏳”

THERE IS A NEW KID ON THE BLOCK, metaphorically speaking, of course! Yes, in terms of YouTube videos, it’s new. Born just this week. It’s a bubba! I have no idea who makes them 🤥 but they are good. I’m simply the messenger not the message! 😉 In fact, if I must say so, theyContinue reading “The New Kid on the Block “IN UNDER 1 MINUTE ⏳””