Ryan Clement

The Compliance Gap

Ryan Clement

In our latest video, Dawn H. Jones, HR specialist and author, and I discuss how Employment Tribunals (ET) respond when employers fail to follow their own policies and procedures during disciplinary or grievance processes.

Tribunals expect employers-especially those with dedicated HR resources to act reasonably. Failing to follow established procedures often leads to harsh criticism from tribunals, as it suggests unfair or arbitrary decision-making (0:47-1:20).

The investigation is the foundation of any disciplinary process. It must be thorough and reasonable. Disciplinary officers should not feel their hands are tied by an investigator’s report; they have the power to challenge findings, request further evidence, or interview additional witnesses before reaching a decision (6:43-8:18).

Even if an action qualifies as gross misconduct, it is not an automatic dismissal. Employers must consider mitigation and ensure the decision-maker can justify their reasoning clearly (9:12-10:18).

Employees often feel traumatised during these processes. Employers should be specific when asking employees for their input, and it is helpful to offer adjournments to allow staff to decompress. Conversely, employees should ensure that any additional reflections or information are submitted in writing (e.g., via email) to ensure they become part of the formal record (10:31-12:45).

Ultimately, when a case reaches a tribunal, the decision-maker is responsible for justifying their actions. If they cannot explain how they reached their conclusion, the organisation is at significant risk (4:23-6:27).

See also, the first video in the series:

@ryanwclement
#HumanResources should give managers sound advice on #workplace policies and procedures as #Employment Tribunals can be hard if they don’t. #HR #EmploymentTribunal
♬ original sound – Ryan Clement Legal

@ryanwclement
Dawn H. Jones, #HR Specialist and Author, and I discuss #Employment Law, Good and Bad #workplace practices and Employment Tribunals. #HumanResources
♬ original sound – Ryan Clement Legal

Separation of Powers

Ryan Clement, barrister

On Day One of my book, ‘Discrimination Law in Employment in 7 days, I touch on the Separation of Powers.

One Day One of my book

Discrimination Law in Employment in 7 days I touch on the importance of the separation of powers.

Montesquieu’s theory of the separation of powers, primarily detailed in his 1748 masterpiece, The Spirit of the Laws, remains one of the most influential political doctrines in history. He argued that to prevent tyranny and preserve liberty, the functions of government must be divided among different branches.

@ryanwclement
“ #Executive #Power is subject to #checksandbalances “ #KingCharles #government
♬ original sound – Ryan Clement Legal

Montesquieu identified three types of power that exist in every state: Executive Power; Legislative Power; and Judicial Power. His core concern was the preservation of political liberty. He famously stated:

“When the legislative and executive powers are united in the same person, or in the same body of magistrates, there can be no liberty; because apprehensions may arise, lest the same monarch or senate should enact tyrannical laws, to execute them in a tyrannical manner.”

This week it was famously said to resounding applause:

“Executive Power is subject to checks and balances!”

I’ll raise a glass (or two) to that! 🥂

Déjà Vu?

Ryan Clement

Just received an email from someone who watched a video I published over 2 years ago about bullying in the workplace, during which I referred to either soccer/football teams Arsenal or Manchester City winning the English Premier League – it was a two-horse race! A no brainer! I sought to draw from an example of how Liverpool fans warmly embraced Mo Salah after he missed a penalty at the Kop End at Anfield. The point I was making is kicking (excuse the pun!) a worker when they may be down, is not a good practice!

At the time, I believed Arsenal would win the League if they avoided defeat against us, Liverpool, at Anfield, a game I attended. It ended in a draw. Later, it became clear to me that City was going to win it, which they did. Regarding this season (2025/26), have we seen this movie before or will it have a different ending???

Anyway, on a more serious note, workplace bullying is extremely harmful. It erodes mental health, fuels burnout, and destroys morale. Beyond the personal toll on victims—anxiety and diminished self-worth—it fosters a toxic culture and stifles innovation. A healthy professional environment requires respect, not intimidation, to truly thrive and succeed, which, to return to my analogy, Mo Salah has done in abundance on numerous occasions at and for Liverpool. YNWA!

Practice what you say!

Ryan Clement

We have all seen it: a beautiful Employee or Staff Handbook (the one that is referred to in the contract of employment, which staff confirm that they read and understood!) that sits untouched while the actual office culture plays by its own set of rules. While policies are often written with the best intentions—to keep us safe and treated fairly—they don’t mean much if they aren’t lived out in our daily routines.

When a gap grows between what an organisation says it does and what it actually does, it can feel a bit discouraging for staff and workers. It’s not just about ‘following rules,’ it’s about building a workplace where everyone feels they can rely on a consistent experience.

@ryanwclement
Dawn H. Jones and I discuss “How many managers fail to follow company policies and procedures?” #Employment #HR #HumanResources #workers #employees
♬ Winelight – Grover Washington, Jr.

At the end of the day, the heart of a great organisation isn’t found in a PDF—it’s found in the integrity of practising what the organisation reasonable says it does, will do and or does not tolerate etc – discrimination, harassment, bullying, victimisation… In other words, it does what it says it does in the ‘beautiful employee or staff handbook.’

Recently, Dawn H. Jones, HR Specialist | Author | Helping Organisations and individuals Navigate Workplace Challenges, and I launched a series of podcast videos in which we discuss a range of workplace topics, regarding, amongst other things, the implications and consequences of organisations’ failure to follow their own policies and procedures and how such is viewed and dealt with by employment tribunals.

@ryanwclement
Dawn H. Jones and I discuss the consequences of organisations failing to follow their policies and procedures #Employment #HR #HumanResources #workers #employees
♬ Shaker Song – Spyro Gyra

Thank you for the music!

Ryan Clement

After court today in Liverpool, I was visited by some Fab Four friends who just happened to pop by to say, “hello!” It was a pleasant surprise! 😂

As readers will know, I frequent the city of Liverpool for football. I drive to Anfield, watch my team, then spend an hour or longer getting out of the city for the long drive back South to London and beyond. I rarely get the opportunity to enjoy the city fuller. The last time I did so was – for a couple of nights – a few years ago on my way to Edinburgh.

Today was different. After court (Day 1 of 5), I enjoyed a quiet, meditative walk to one of my favourite parts of Liverpool, the Albert Docks; although it has a particular history (not my favourite) about which I shall write before the end of the week. Watch this space!

Quite rightly, however, the city proudly celebrates its most famous sons, The Beatles. Their images are practically everywhere. Even my hotel’s menu is based on The Beatles’ songs, and its top floor (7th) where my room is situated as I write this blog has its own name after The Beatles’ song with the words ‘Lucy’ and ‘Sky’ in it! 💎 🎶

I sat by the Albert Docks earlier under the watchful eye of Bella of the Liver birds while Bertie kept his vigilant eye on the city.

I wondered what it must have felt like for these four local lads, the first global boy band, to leave this big city and experience conquering an even bigger music world as they did (I thought this in a week when the movie, ‘Michael’ hits our silver screens in the U.K. Another global music icon who also conquered the music world singlehandedly and about whom I shall also write another time – having seen him in concert many times!). Most of us, of course, will never know!

@ryanclement_leisure
Some #FabFour friends popped by after court in #Liverpool today to say “hello” #cavernclub #thebeatles #beatles
♬ Penny Lane – The Beatles

John, Paul, George and Ringo

Thank you for the Music 🎶🎶🎶

Hillsborough Disaster

As some may know, I am a big Liverpool fan (since I was a kid), and my son and I attend many matches at Anfield, the home of Liverpool Football Club, during the season ⚽️.

I could not remotely begin to imagine what it must have been like to experience the tragedy that unfolded on that Spring day at Hillsborough, Sheffield, Yorkshire, England, on 15 April 1989. It has been called The Hillsborough Disaster.

Our thoughts on this significant and poignant day, as always, are with all those affected by the tragedy at Hillsborough and we pause in memory of the 97 fans who will never be forgotten. Liverpool Football Club

@ryan_clement
#Hillsborough #neverforgotten #liverpoolfc #lfc #ynwa
♬ original sound – Sports Page

🧣YNWA🧣

Back to the Future!

Describe something you learned in high school.

I learned that unless one’s future is so ‘obviously’ predetermined, the interest and behaviour of an 11 to 16 year old kid are not necessarily an indicator of the adult to follow.

One of my teachers could not see ‘me’ beyond my interest in football (soccer) ⚽️ and Liverpool Football Club (yes, I have been a supporter of the Reds since a kid), which he confirmed in my school report (which I still possess!).

The fact that I went on to gain three degrees, one of which is a Masters in Law, finishing top of my year; having had two professions, and being Called to the Bar of England & Wales and, thus, having rights of audience up to the Supreme Court; and being addressed in court as a ‘Learned’ Friend taught me that one lesson from high school, which is that a person who is employed to teach pupils their specialism does not possess a crystal ball on their pupils’ future outcome anymore or less than the pupils have of their own.

But, for sure, pupils have more control over their futures than a label put on or assessment made of them, especially one, like me, who was yet to find his feet in this world and hadn’t even worked beyond delivering newspapers before school.

On this Day (Easter Sunday)!

Ryan Clement

On this day many years ago, I was in Rome.

My soulmate at the time, Sue, and I went over to Rome for the Easter period. Our hotel was in walking distance of the Colosseum. It’s a memory that remains with me and shall forever. We had this lovely walk down and up as we approached the iconic symbol of imperial Rome.

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We arrived early on Good Friday and left late on Easter Monday. After arriving at our hotel, we had something to eat and then went for a leisurely walk. As we approached the Colosseum we saw a congregation of people as far as the eye could see, literally. Being tourists and not wanting to miss out, we somehow managed to weave our way through to as far as we could get, which, to be honest, wasn’t very far! OMG! We could see Pope John Paul II, which got the holiday off to an unexpected start.

There is a second part to this blog, which I shall pen later, but as a spoiler, it involves my son. I told him this story about going to Rome etc., so he asked to see some pictures. I warned him of the ‘poor’ quality of some pictures due to my camera at the time and that I was too far to get clearer pictures of His Holiness; not to mention it was dark! When he viewed them, they were met with both excitement and a noticeable, but subtle hint of horror 😮 I had to explain to him how things were done back in the day, pre-digital.

He looked confused. 😳 I might as well have been explaining in another language what a vinyl record (single or LP) was (45 or 33⅓ RPM), what were cassettes (TDK or BASF or, having a headache to decide whether to buy a C60, C90 or, if brave enough, C120!) or what a VHS was. But I shall leave that there for, like I said, a later blog.

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Back to Rome. It was great and one of my favourite holidays at the time. I recall walking around on Easter Sunday and on another day, simply chilling on the Spanish Steps.

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Recently, I had a couple, very dear to me, run the Rome Marathon, which I watched in part on tv in the UK. It brought back many fond memories of a great time in the Eternal City, as the runners ran past places I had visited all those many years ago.

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Travel writer

Photo797072920615_inner_210-99-609-93-207-694-597-708

I sense Rome may be calling me for a refresher that’s long overdue!

Travel writer

What job would you do for free?

This is easy for me. I would be a travel writer. I get two for the ‘zero price’ of one. Travelling and witnessing other cultures and traditions would enhance the writing, and the writing would enhance how I see and engage in new cultures and traditions. It’s a no brainer.

In these turbulent times!

In these turbulent times!

On this Day (Easter Sunday)!

https://vm.tiktok.com/ZNRXTXTGK/

Victimisation

Ryan Clement

In this short blog, I shall explain what victimisation is as defined under section 27 of the Equality Act 2010.

Under s.27 of the Equality Act 2010, “victimisation” has a specific legal meaning, which does not necessarily align with common parlance. 🤔

Victimisation occurs when a person is treated badly (subjected to a “detriment”) because they have done a protected act, or because someone believes they have done or may do one. So what is a protected act?

Protected acts include:

Bringing a claim of discrimination under the Act.
Giving evidence or information in connection with someone else’s claim.
Making an allegation that a person has contravened the Act.
Doing anything else for the purposes of or in connection with the Act.

Similar to the protection afforded to ‘whistleblowers,’ under the Employment Rights Act 1996, s.27 of the 2010 Act ensures that employees can challenge unfair treatment without the fear of retaliation, such as being passed over for promotion, being excluded from meetings, not receiving a bonus/pay rise, facing dismissal etc.

@ryanwclement
#Victimisation in #Employment explaining. #HR #Equality Act 2010. #employmentlawyer
♬ Chilling smooth Jazz music at Jazz lounge, jazz club or nice cafe(1379705) – ricca

Crucially, employees are protected from being victimised even if the original complaint, being the protected act, is eventually dismissed, provided they have/had acted in good faith.

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