In Medway Community Living Services Ltd v Poole, the EAT sets aside an employment tribunal's finding that, even if an employee had smacked a boy in his care, dismissal was outside the band of reasonable responses.
In OCS Cleaning Scotland Ltd v Alistair Oag, the Employment Appeal Tribunal (EAT) emphasises that employers must always investigate their employees' breaches of safety rules before they take disciplinary action, even where an employee admits to the breaches.
An industrial tribunal was entitled to conclude that an employee who set up outside business interests and concealed them from his employer in breach of his contract of employment was unfairly dismissed, holds the Court of Session in Scottish Daily Record & Sunday Mail (1986) Ltd v Laird.
There is no general contractual obligation on an employer to act reasonably or fairly, holds the High Court in McClory & others v The Post Office. In relation to an express power to suspend an employee, however, there is an implied term that an employer will not exercise that right on unreasonable grounds.
HR and legal information and guidance relating to disciplinary investigations.