Editor's message: If, following an investigation into alleged misconduct or a capability issue, you decide that a hearing is required, it is important that the arrangements 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 you deal with any new information.
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
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.
Ashok Kanani reviews three noteworthy cases that provide lessons for employers on their disciplinary procedures.
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.
Practical guidance on dealing with a situation where an employee requests to record a meeting or has recorded a meeting covertly.
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.
Updated to include information on Holmes v Qinetiq Ltd, where the EAT considered whether or not the Acas code on disciplinary procedures applies to ill-health dismissals.
Ashok Kanani rounds up the case law on the right to legal representation at a disciplinary hearing.
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.
HR and legal information and guidance relating to disciplinary hearings.