Editor's message: If your organisation is considering taking disciplinary action against an employee, it is essential that you carry out an adequate investigation, to establish the relevant facts before making a decision as to whether or not to proceed.
Even if you're sure you already know what happened, and it seems obvious that disciplinary action is required, a failure to carry out an investigation could lead to you having to compensate the employee for a procedurally unfair dismissal.
You should follow the principles of the Acas code of practice on disciplinary and grievance procedures when deciding on the extent of the investigation and who should carry it out. Your investigation is likely to include interviews with the employee concerned and any witnesses to the alleged misconduct, as well as consideration of any relevant documents.
Susie Munro, senior employment law editor
The Employment Appeal Tribunal (EAT) has held that including details of previous non-disciplinary incidents in the investigation report did not make the dismissal unfair.
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.
We look at a recent High Court decision concerning the suspension of an employee, and offer practical advice on the approach employers should take towards suspension.
Ashok Kanani reviews three noteworthy cases that provide lessons for employers on their disciplinary procedures.
In this week's feature-length podcast, we are joined by special guests Nicky Stibbs and Max Winthrop to discuss some common areas of concern around the termination of employment.
On this week's XpertHR Weekly, we discuss misconduct dismissals and the process that employers should follow.
The High Court has held that an employer breached its implied duty of trust and confidence towards an employee who was not allowed to be accompanied at a disciplinary investigation by his choice of companion.
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.
HR and legal information and guidance relating to disciplinary investigations.