Editor's message: It is important that the arrangements for a disciplinary hearing meet the required standards of procedural fairness, for example in relation to who chairs the meeting, the employee's right to be accompanied and the way any new information is dealt with.
At the hearing, each side should have the opportunity to explain its case, so that the person or panel making the decision has heard all the relevant evidence.
Susie Munro, senior employment law editor
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.
The question before the Employment Appeal Tribunal in Khan v Stripestar Ltd, was whether or not an effective appeal could cure a wholly inadequate disciplinary hearing.
The Employment Appeal Tribunal (EAT) has held that there are no limitations on the nature and extent of the deficiencies in a first stage disciplinary procedure that can be cured by a thorough and effective appeal.
Practical guidance on dealing with a situation where an employee requests to record a meeting or has recorded a meeting covertly.
Ashok Kanani rounds up the case law on the right to legal representation at a disciplinary hearing.
A key case for HR, which was expected to go to the Court of Appeal in 2016, has settled. The Court of Appeal was expected to consider when improper influence by the HR department in disciplinary proceedings makes a dismissal unfair.
On this week's XpertHR Weekly, we consider recent developments to the statutory right to be accompanied at a formal disciplinary or grievance hearing following the important decision in Toal and another v GB Oils Ltd.
An employer's veto on a trade union representative accompanying its employees to disciplinary or grievance hearings led to breaches of the right to be accompanied, an employment tribunal has found.
On this week's XpertHR Weekly, we discuss misconduct dismissals and the process that employers should follow.
HR and legal information and guidance relating to disciplinary hearings.