Editor's message: A fair disciplinary procedure is essential to enable your organisation to deal with any employee misconduct, while minimising the risk of a tribunal claim. Clear disciplinary rules can also help to avoid disciplinary issues arising in the first place, by ensuring that employees and managers understand the standards expected within the organisation and the consequences of unacceptable conduct. So it is important that rules are set out clearly, publicised to all staff and applied consistently.
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
XpertHR would like to invite you to take part in its annual survey of Christmas and New Year working arrangements, and what plans are in place, if any, for staff celebrations.
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.
The Law Commission consults on reforming the offence of misconduct in public office.
Chris Cook is partner and head of employment and Keely Rushmore is senior associate at SA Law. They round up the latest rulings.
A recent case has caused uncertainty about the HR role in disciplinary procedures. HR should certainly not be judge, jury and hangman, writes John Charlton.
We discuss various issues that can arise when employees take holiday.
Suspending an employee suspected of misconduct can have a serious impact on their reputation, so it shouldn't be automatic in every disciplinary investigation. So when should you suspend an employee during a disciplinary investigation and how should you go about it?
In DLA Piper's latest case report, the Employment Appeal Tribunal (EAT) confirmed that the Acas code of practice on disciplinary and grievance procedures does not apply to dismissals on the ground of ill health where there is no element of culpability on the part of the employee.
Employers often fail to give guidelines to staff on what to include in an oral or written disciplinary warning. Bar Huberman sets out the basic ingredients for a misconduct warning letter.
New guidance helps employers to deal with the situation where an employee requests to record a meeting, or he or she records it covertly.
HR and legal information and guidance relating to discipline.