What are your legal rights if you are placed under investigation at work, and how can you prepare and respond?
The Globe and Mail’s Post
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🤔🤔Do we really need to tell employees not to sexually harass colleagues? I was asked this recently by a client. From October, a statutory duty on employers to take reasonable steps to prevent harassment will come into force. Employers will need to take harassment seriously and have policies, procedures and training in place to prevent it. Failing to do so could lead to increased compensation for successful claimants in the employment tribunal. And by the way: here's why this legislation is needed.👇👇👇 Crafnant HR runs workshops and seminar's on harassment and bullying in the workplace. Get in touch at tracy@crafnanthr.co.uk if you would like to know more.
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Employees should avoid secretly recording meetings, as it can destroy trust and justify termination, as seen in the BC case of Shalagin v Mercer Celgar. Instead, take handwritten notes, which are reliable evidence and useful in legal proceedings. #EmployeeRights #WorkplaceAdvice #audiorecording #labourlawyer #employmentlawyer #labourrightslaw #lawfirm #law https://lnkd.in/gYYPd-kU
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interesting read. “Prosser demonstrates that privilege over investigations is not automatic; it must be established based on the circumstances of the investigation. It is also important to note that while retaining a lawyer may be assistive in the process, it does not guarantee privilege, as solicitor-client privilege is a factual determination. Generally, if a lawyer is retained for the purpose of making factual findings and providing legal advice based on those findings, the investigation will be privileged. This is in contrast to situations where a lawyer is retained solely to conduct a factual investigation, which will not be privileged.”
Privilege in workplace Investigations
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Director of BD. Partner, Employment Law, Burlingtons LLP | Employment law commentator for Raconteur, Sunday Times, FT, BBC and Sky.
https://lnkd.in/eYNZs4fi Burlingtons Legal LLP latest article for Raconteur has just been published and is attached below.
Employment law bulletin: the right to disconnect and new sexual harassment rules
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New FRTalks by Barry Fisher: In proving sexual #harassment you can’t just rely on an investigation report https://lnkd.in/gTp5BMkE via @firstreference #hr #hrlaw #hrblog #emplaw #business #humanrights #healthandsafety #workplace #management #law #legal #cdnlaw #employmentlaw #humanresources #investigation #sexualharassment
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