Discussion

1. Engaging staff
Staff can be engaged in many different forms. Some employment rights only apply to employees but others apply to 'workers'.
Written particulars of terms and conditions of employment should be given to all employees within the first 2 months of their employment.

2. Discipline and dismissal
There are 5 potentially fair reasons for dismissal:
- misconduct
- redundancy
- incapability and ill-health
- illegality
- 'some other substantial reason'.

2.1 Misconduct
It is sensible to make sure all employees know what kinds of behaviour will be regarded gross (serious) misconduct. In the NTF/NASS agreement gross misconduct is:-
- falsification of records
- deliberate disregard of safety rules or precautions
- theft
- abuse of property
- fighting
- threatened assault or intimidation
- drunkenness or abuse of drugs
- refusal to carry out a lawful instruction
- abusing a horse.

Gross misconduct is misconduct so serious that the employment contract may be terminated without notice for a first offence. Otherwise dismissals must be with notice. Statutory notice is one week for each year of continuous employment to a maximum of 12 weeks.
Ordinary misconduct (e.g. lateness) is more likely to merit warnings.

2.2 Redundancy:
A person is redundant where their job disappears or where the employer needs fewer employees to carry out that particular type of work.
Where one or more of a class or type of employee is to be retained, an employer must use fair selection criteria when making the selection. Selection criteria which may be discriminatory must be avoided.
Consultation with affected staff must take place. Statutory redundancy payments are a week's wages (to a current maximum of GBP430) for every full year of employment to a maximum of 20 weeks.

2.3 Incapability and ill health:
This is where a person is not capable of doing their job due to incompetence or illness. Note however, pregnancy is not an illness and a dismissal on the grounds that an employee is pregnant will be discriminatory and automatically unfair.
An investigation and at least one hearing must take place. It may be appropriate to commission a medical report where there is long-term illness. In the case of intermittent absence due to minor ailments there should be a fair review by the employer of the attendance record and the reasons for it, and the employee should be warned. NB: Is it a disability?

2.4 Illegality:

2.5 Some other substantial reason:

3. Procedure:

3.1 A typical agreed procedure is:
- first oral warning
- second oral warning
- final written warning
- dismissal.

3.2 An employer who is considering disciplinary action must act fairly. This includes:
- carrying out a full investigation
- telling the employee (in writing) what they are being accused of and on what grounds
- inviting the employee to a meeting
- at the meeting, asking the employee to respond to the accusations
- considering fair and reasonable disciplinary action
- informing the employee of the outcome and giving them the right to appeal
- following any written disciplinary procedure.

3.3 There is a statutory right to be accompanied by a union representative or work colleague at all disciplinary meetings.

3.4 NB: ACAS Code of Practice on Grievance and Discipline.

4. Unfair dismissal claims.

4.1 If there is no fair reason for dismissal or if it is procedurally unfair, an employee with more than 2 years' service will have a right to bring a claim in the Employment Tribunal for unfair dismissal.

4.2 Some dismissals are automatically unfair and in these cases someone who has less than 2 years service can bring a complaint for unfair dismissal.



4.3 Even if the employer does not consider that he has dismissed the employee, in certain circumstances the employee can claim that he or she was 'constructively' dismissed.

4.4 The Tribunal can award a basic award equal to a statutory redundancy payment together with compensation of up to GBP72,300. This figure increases each year on 1 February. In addition a Tribunal may award a notice payment. In a discrimination or 'whistleblowing' claim damages are unlimited.

5 Discrimination:

5.1 At present this can be on grounds of age; disability; gender reassignment; marriage and civil partnership; pregnancy and maternity; race; religion or belief; sex; and sexual orientation.

5.2 Protection applies to all aspects of the employment relationship from recruitment to engagement and termination.

1: LYDIA:
You have a stable girl who comes to help out with the inpatient horses and ponies at the weekends and in her holidays. Lydia is a little bit overweight. Unfortunately her passion for chocolate bars has resulted in a bit of banter and her father has complained to you that his daughter came home in tears the other night after the handyman told her that "her arse was bigger than the one on the horse over there and your legs are hairier too".
The father is furious and says he will take you to the tribunal.

2: JACK and BECKY
A surgeon (Jack) was having an affair with one of the practice nurses (Becky). Word has gone round the whole practice. They have broken up and people are teasing Becky, albeit (they would say) in a humourous way. Jack now has it in for her in a big way and is making her life hell, all the difficult jobs go to Becky. He's asked her to do some jobs that are downright dangerous and saying that if she doesn't like it he'll fire her and make sure she doesn't work in an equine practice again. The senior partner is blissfully unaware of all of this.
Becky has complained about the way she has been treated but as the practice manager you are not sure how to deal with this given Jack's seniority and importance to the business.

3: ALISON:
Alison has recently told you that she is pregnant. She is now refusing to be anywhere near x-rays, deal with horses or certain drugs for fear of damaging the baby. Alison has always been a bit stroppy and really you would like to see the back of her.