Editor's message: You can help avoid disciplinary issues arising in your organisation by having clear conduct rules in place. This ensures that employees and managers understand the standards expected of them and the consequences of unacceptable conduct.
Having a fair disciplinary procedure is essential to deal with any employee misconduct, while minimising the risk of a tribunal claim. All line managers should be properly trained in the organisation’s disciplinary policies and procedures. In particular, managers with responsibility for carrying out investigations and disciplinary hearings should understand what an employment tribunal would look at when deciding if a disciplinary process was fair, in the event of a claim.
While there is no statutory disciplinary procedure, case law and the “Acas code of practice on disciplinary and grievance procedures” set out basic principles that must be followed.
Susie Munro, senior employment law editor
In Khan v Stripestar Ltd EAT/0022/15, the EAT held that an employment tribunal was entitled to find that a dismissal was fair despite a wholly defective and unfair initial disciplinary hearing, because the subsequent internal appeal cured the defects earlier in the process.
During the Christmas period employers face a minefield of HR challenges. How well prepared is your organisation for the festive season? We set out some essentials.
We round up our resources that will help employers ensure that the Christmas period goes smoothly and manage issues relating to staff behaviour at the office party, lateness or non-attendance at work, refusal to work overtime, competing holiday requests and payment of bonuses.
We recap on the traditional guidance for employers on misconduct at the work Christmas party. We also examine issues employers might face this Christmas around attendance and absence.
Ashok Kanani reviews three noteworthy cases that provide lessons for employers on their disciplinary procedures.
The Employment Appeal Tribunal (EAT) has held that where an employee is dismissed for misconduct following an earlier warning that the tribunal has found to be manifestly inappropriate, the tribunal must examine the weight the employer attached to that warning in deciding whether or not the decision to dismiss was within the range of reasonable responses.
XpertHR's latest research on Christmas and New Year working arrangements finds that employers will spend an average of £27,000 on celebrations during the 2016/2017 holiday period.
In this week's feature-length podcast, we are joined by special guests Nicky Stibbs and Max Winthrop to discuss some common areas of concern around the termination of employment.
In Holmes v Qinetiq Ltd  IRLR 664 EAT, the EAT held the "Acas code of practice on disciplinary and grievance procedures" has no application where an employer does not allege culpable conduct by an employee. Accordingly, no uplift to compensation under s.207A of TULR(C)A could be applied where the employee was unfairly dismissed on ill-health grounds.
Misconduct in public office, the criminal offence which has been used to prosecute journalists for paying public officials for information, is the subject of a new Law Commission consultation.
HR and legal information and guidance relating to discipline.