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
In this week's podcast, we explain what HR should do when faced with some tricky scenarios related to the right to be accompanied at disciplinary hearings. The seven scenarios discussed include a worker requesting a companion with a history of disruptive behaviour, and a worker asking for a postponement at the last minute to find a companion.
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.
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 talks listeners through British Home Stores Ltd v Burchell, one of the most significant cases in employment law.
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.
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.
HR and legal information and guidance relating to discipline.