What happens to an employee’s continuity of service if he or she is dismissed but reinstated on appeal?
If an employee resigns after disciplinary proceedings have been commenced should the employer continue the disciplinary procedure?
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?
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 the employee resigns with immediate effect, his or her
employment will terminate forthwith. There is little point in continuing a
disciplinary procedure in respect of an employee who is no longer employed, as
no disciplinary sanction can be imposed against a former employee. However, the
disciplinary information collated should still be retained for a period of up
to one year after the employee's resignation because it may be needed as
evidence should the employee subsequently try to claim constructive dismissal
or unlawful discrimination in relation to the conduct of the disciplinary
If the employee resigns with notice, as a general rule the
disciplinary procedure should be progressed to its conclusion during the
employee's notice period. The employee is still employed during this period and
there is no reason why he or she should avoid a possible disciplinary sanction
just because he or she has chosen to resign. If the disciplinary procedure
concludes with a recommendation for the employee's summary dismissal on the
grounds of gross misconduct, if this is effected during the employee's notice period
it will supersede the resignation and the employee will be deemed to have been
dismissed for conduct reasons.
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?
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