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 your 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

  • Disciplinary rules and procedures

    Type:
    Employment law manual

    Updated to include information on Adeshina v St George's University Hospitals NHS Foundation Trust and others, in which one of the issues the Court of Appeal considered was fairness in an appeal process.

  • Right to be accompanied: £2 award after employer turns down employee's chosen companion

    Date:
    20 April 2017
    Type:
    Law reports

    An employment tribunal has held that the employer breached the claimant's right to be accompanied when it refused to allow his chosen companions, trade union representatives, to accompany him at a disciplinary appeal hearing. However, it awarded compensation of £2 only, on the basis that the employer had understandable reasons for the refusal.

  • Darren Newman's podcast: British Home Stores Ltd v Burchell

    Date:
    6 April 2017
    Type:
    Audio and video

    Darren Newman talks listeners through British Home Stores Ltd v Burchell, one of the most significant cases in employment law.

  • Podcast: Employment law update with Darren Newman

    Date:
    3 March 2017
    Type:
    Audio and video

    We discuss the key employment law trends and changes that are affecting the HR landscape, including: gender pay gap reporting; the Trade Union Act 2016; public-sector exit payments and employment status.

  • 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.