INSIDER MAR 2018

INSIDER MAR 2018

March 2018

JAMIE CARRAGHER IN HOT WATER How employers should handle such incidents

HEALTH & SAFETY LEGISLATION Are you up to date?

EMPLOYMENT LAW Do you know the changes taking place on Apri l 1st?

JAMIE CARRAGHER IN HOT WATER Sky Sports pundit Jamie Carragher is in hot water, after being caught on video spitting towards a 14 year old girl in a car from his own vehicle after the recent Liverpool v Manchester United match. Sky has suspended him, and a spokesperson has publicly reprimanded Carragher for his actions. David Southall is an employment law consultant for the ELAS Group. He takes a look at how employers should handle such incidents that occur outside of the workplace: “Given the confluence of tabloid friendly elements in this story and subsequent media coverage, it would have been very surprising to have had no reaction from Sky. “Although we cannot be absolutely clear as to Jamie Carragher’s employment status, this incident is a timely reminder that employers need to follow procedures even when they are dealing with the most extreme behaviour by employees. “This also applies where an employee is seen to have carried out an act of misconduct outside of work hours.  The potential for disciplinary action remains whenever an employee has brought their employer into disrepute; this usually happens if they are identified as being an employee of a particular organisation.  As a consequence and following a fair procedure, an employee could face dismissal.   

“Jamie Carragher has expressed his regret via social media and publicly apologised for his actions, however, had his employer done nothing then they would have been setting a serious precedent.  Any subsequent similar actions by employees could be judged against this event and the employer might be constrained in future in the range of penalties they could apply. “While we can certainly take this as an example of conduct that any employer should find abhorrent, there is still no place for instant reactions.  “There needs to be a period of reflection between the event happening and any penalty being issued.  Firstly a judgement needs to be made as to whether suspension is necessary whilst continuing investigations. Courts have recently frowned on employers who are too keen to suspend employees. Companies should take HR advice as to whether or not suspension is suitable in any particular instance. A full investigation can then take place and the employee can be fully interviewed in order to obtain their version of the incident. The employer will then know whether the employee admits the action(s) and whether or not there are any mitigating factors.  This information will then allow them to make a decision as to whether to proceed with disciplinary action. “What this incident has shown is that, even when faced with the most unpleasant behaviour out of work hours, employers should ensure that they always follow a clear and robust procedure.”

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HEALTH & SAFETY CASE LAW UPDATE

In February the Supreme Court ruling in HM Inspector of Health and Safety v Chevron North Sea Ltd offered clarity on how businesses respond to prohibition notices. The decision means that businesses can now launch an appeal against a notice if they are confident that they can gather the evidence needed to show there is no serious risk to personal injury, even if this evidence is not available at the time the appeal against the notice is issued. Filing an appeal means a postponement in the posting of the prohibition notice on the HSE’s public >Page 1 Page 2 Page 3 Page 4 Page 5 Page 6 Page 7 Page 8

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