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
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.
In Bandara v British Broadcasting Corporation, the EAT considered whether or not the tribunal had been entitled to find a final written was manifestly inappropriate, and whether or not the tribunal had addressed this finding correctly when deciding that the dismissal was unfair.
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.
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.
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.
Chris Cook is partner and head of employment and Keely Rushmore is senior associate at SA Law. They round up the latest rulings.
HR and legal information and guidance relating to discipline.