Hearings

Susie Munro 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

New and updated

  • Disciplinary rules and procedures

    Type:
    Employment law manual

    Updated to include information on Agoreyo v London Borough of Lambeth, in which the High Court held that the suspension of a teacher was in breach of the implied term of trust and confidence.

  • Podcast: Dealing with covert recordings

    Date:
    18 August 2017
    Type:
    Audio and video

    Employers are increasingly encountering employees covertly recording disciplinary and grievance meetings. In this week's podcast, we discuss how an employer should deal with this.

  • Podcast: Companions at disciplinary hearings - tricky scenarios for HR

    Date:
    2 June 2017
    Type:
    Audio and video

    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.

  • 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.

  • 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:
    22 November 2016
    Type:
    Legal guidance

    Ashok Kanani reviews three noteworthy cases that provide lessons for employers on their disciplinary procedures.

  • Case round-up

    Date:
    1 September 2016
    Type:
    Law reports

    Chris Cook is partner and head of employment and Keely Rushmore is senior associate at SA Law. They round up the latest rulings.

  • Unfair dismissal: no limit on defects cured by fair appeal

    Date:
    21 July 2016
    Type:
    Law reports

    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.

  • How to deal with an employee who makes, or requests to make, a recording of a meeting

    Type:
    How to

    Practical guidance on dealing with a situation where an employee requests to record a meeting or has recorded a meeting covertly.

  • Podcast: Right to be accompanied in disciplinary hearings

    Date:
    9 October 2015
    Type:
    Audio and video

    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.