Discipline

Susie Munro

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

New and updated

  • Unfair dismissal: Procedural defects cured by internal appeal

    Date:
    1 January 2017
    Type:
    Law reports

    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.

  • Date:
    12 December 2016
    Type:
    Legal guidance

    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.

  • Christmas arrangements

    Date:
    7 December 2016
    Type:
    Editor's choice

    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.

  • Podcast: How to avoid a workplace nightmare this Christmas

    Date:
    25 November 2016
    Type:
    Audio and video

    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.

  • Date:
    22 November 2016
    Type:
    Legal guidance

    Ashok Kanani reviews three noteworthy cases that provide lessons for employers on their disciplinary procedures.

  • Unfair dismissal: impact of "manifestly inappropriate" warning on decision to dismiss

    Date:
    17 November 2016
    Type:
    Law reports

    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.

  • Christmas and New Year working arrangements 2016/2017

    Date:
    7 November 2016
    Type:
    Survey analysis

    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.

  • Podcast: Disciplinary investigations and hearings, and dismissals

    Date:
    7 October 2016
    Type:
    Audio and video

    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.

  • Compensation uplift: Acas code of practice does not apply to ill-health dismissal involving no culpable conduct

    Date:
    24 September 2016
    Type:
    Law reports

    In Holmes v Qinetiq Ltd [2016] 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.

  • Law Commission consults on offence of misconduct in public office

    Date:
    7 September 2016
    Type:
    News

    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.