Additional information on the law on disciplinary rules and procedures for local authority employers, including Green Book provisions and the involvement of councillors. To be read in conjunction with the general information on the law on disciplinary rules and procedures.
Additional information on the law on forms of termination for local authority employers, including termination of employment of the head of paid service, monitoring officer or s.151 officer and continuation of employment pending an appeal. To be read in conjunction with the general information on the law on forms of termination.
The Court of Appeal has revisited the issue of warnings and confirmed that a warning given in bad faith cannot be relied on to justify a dismissal.
In Shrestha v Genesis Housing Association Ltd  IRLR 399 CA, the Court of Appeal held that an employer's investigation into an employee's inflated mileage claims was reasonable, even though it had not investigated in detail every implausible explanation offered by the employee.
In Salmon v Castlebeck Care (Teesdale) Ltd (in administration) and another  IRLR 189 EAT, the EAT held that an employee who was dismissed for gross misconduct, but whose contractual appeal against dismissal was successful, did not need to be formally reinstated by her employer for her contract of employment to be resurrected so as to continue as if it had not been terminated.
The Employment Appeal Tribunal (EAT) has held that a dismissal was procedurally unfair because the chair of the disciplinary panel had no experience or training in conducting disciplinary hearings. This led to the disciplinary panel misapplying the disciplinary procedure, and in these circumstances, the EAT found the dismissal was also substantively unfair.
A model letter inviting an employee to attend a disciplinary appeal hearing.
A model order of proceedings for a disciplinary hearing.
A model letter inviting an employee to attend a disciplinary hearing.
HR and legal information and guidance relating to discipline.