Practical guidance on handling gross misconduct dismissals, including which offences amount to gross misconduct; suspension during investigation; criminal proceedings; and the disciplinary hearing.
In Serco Ltd t/a Education Bradford & Ors v Quarshie EAT/0466/05, the Employment Appeal Tribunal holds that an employee suspended on "full salary" did not suffer an unlawful deduction from wages when the employer exercised its contractual right to terminate a temporary upgrade in his responsibilities with a consequent loss of pay.
This week's case round-up from Eversheds, covering disciplinary procedures for misconduct.
The suspension of a care worker in a children's home by her local authority employer, pending the outcome of an investigation into an allegation of child sexual abuse, amounted to a breach of the implied term of trust and confidence in her contract of employment, holds the Court of Appeal in Gogay v Hertfordshire County Council.
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 suspension during disciplinary investigations.