Investigations

New and updated

  • Misconduct: Inadequate investigation made dismissal for alleged assault unfair

    Date:
    1 April 2000
    Type:
    Law reports

    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.

  • Employers should investigate before dismissing

    Date:
    1 October 1998
    Type:
    Law reports

    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.

  • Misconduct: Lack of investigation renders disloyalty dismissal unfair

    Date:
    15 January 1997
    Type:
    Law reports

    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.

  • Contracts of employment: Right to suspend must be exercised reasonably

    Date:
    1 March 1993
    Type:
    Law reports

    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.