What happens to an employee’s continuity of service if he or she is dismissed but reinstated on appeal?
Where an employee is dismissed but reinstated on appeal, should he or she be paid for the time between the dismissal and the successful appeal?
What should an employer take into account in deciding if, and what, disciplinary action is merited?
Is an employer obliged to impose the same disciplinary action where two employees break the same rule?
When an employee is issued with a formal warning, should the employee be required to sign and return a copy of the warning letter?
Can the time period for which a warning is active be "paused" when a woman goes on maternity leave and then "resumed" afterwards?
If an employee is absent without authorisation can the employer make a deduction from his or her pay?
Can an employer lawfully dismiss an employee whose absence is not authorised?
Can expired warnings be taken into account when deciding an appropriate penalty during subsequent disciplinary proceedings?
Where an employee is given a warning for a particular conduct issue, but then commits a different type of misconduct, can the employer move to the next stage of the disciplinary procedure to address that issue or must it start a separate procedure?
Do employers have the right to dismiss employees without notice?
An employer is entitled to dismiss without notice, known as summary dismissal, if an employee has behaved in a way that represents a serious breach of his or her contract. This will usually mean that he or she has committed an act of serious misconduct. Summary dismissal will be justified where the employee's actions show such a serious breach of the contract that further continuance of the relationship is impossible.
Employers should give a clear indication of what kind of behaviour will be taken to be such a serious breach of contract that it will result in summary dismissal. Summary dismissal does not, however, mean instant dismissal. An employer should carry out a thorough investigation of the circumstances before taking the decision to dismiss. It may suspend the employee in question on full pay while it investigates. However, the "Acas code of practice on disciplinary and grievance procedures" cautions that any period of paid suspension should be as brief as possible and be kept under review. The employer should ask if there were any mitigating circumstances; what the employee has to say for him- or herself; and whether or not the employee's behaviour was uncharacteristic, given his or her service and record.
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Where an employer stipulates a probationary period for new employees must it wait until the end of this period before dismissing an unsatisfactory probationer?
If an employee resigns after disciplinary proceedings have been commenced should the employer continue the disciplinary procedure?
If an employer failed to follow its procedures for employees on probation would a dismissed probationer have any redress?
What are the possible consequences of failing to follow the Acas code of practice on disciplinary and grievance procedures?
Should an employer deal with an employee's poor performance through its disciplinary or capability procedure?
Is an employee entitled to be accompanied at a meeting to discuss poor performance?
What is a reasonable review period when setting targets for an employee who is underperforming?
For how long should warnings for poor performance remain "live"?
Do employers need to consider alternative work before dismissing an employee who is underperforming?