A table summarising who may act as a companion at a disciplinary and grievance hearing.
A table summarising the role of the companion at a disciplinary and grievance hearing.
In London Underground Ltd v Ferenc-Batchelor and Harding v London Underground Ltd, the EAT holds an "informal oral warning" - which was in fact confirmed in writing, continued to have effect for up to 12 months, formed part of the employee's disciplinary record and could be taken into account by management if a formal disciplinary process was instigated - in reality constituted a "formal warning", giving rise to the statutory right of the employee to be accompanied to the disciplinary hearings that resulted in that warning being given.
In Santamera v Express Cargo Forwarding t/a IEC Ltd1, the EAT holds that an employment tribunal was entitled to find that an employer carried out a reasonable investigation and disciplinary hearing in respect of allegations that the employee had bullied and intimidated colleagues, notwithstanding that it refused the employee's requests to cross-examine those colleagues, and that the employee's dismissal was fair.
In R v the Leicestershire Fire Authority ex parte Thompson  IRLR 166 HC, the High Court held that the disciplinary proceedings adopted by the respondents during which the Chief Fire Officer, who was not a member of the disciplinary committee, was invited to enter the room whilst the committee were considering what sentence they would impose on the applicant, were a denial of natural justice. An Order of Certiorari would be made to quash the award made by the respondents by which the applicant was reduced by one rank.
HR and legal information and guidance relating to disciplinary hearings.