Editor's message: After completing a disciplinary investigation and implementing disciplinary proceedings, the employer must make a decision on whether or not it is appropriate to take any disciplinary action against the employee. If it decides that disciplinary action is required, it must decide on the appropriate penalty.
When deciding on an appropriate disciplinary penalty, there may be a difficult balance for the employer to strike between acting consistently with previous cases and taking proper account of any mitigating factors.
Susie Munro, senior employment law editor
Former Chelsea FC team doctor Eva Carneiro has settled her employment tribunal claim against the club and José Mourinho for an undisclosed sum.
On this week's XpertHR Weekly, we discuss misconduct dismissals and the process that employers should follow.
The Employment Appeal Tribunal (EAT) has held that procedural defects in an employee's dismissal for allegedly bullying a colleague who "unfriended" her on Facebook could be cured during the appeal stage.
In Way v Spectrum Property Care Ltd  IRLR 657 CA, the Court of Appeal held that an employer cannot rely on a warning on an employee's file that was given in bad faith, alongside later misconduct, when deciding that there is sufficient reason to dismiss. To do so would be outside the range of reasonable responses, and not in accordance with equity and the substantial merits of the case.
The Employment Appeal Tribunal (EAT) has held that a dismissal was fair despite flaws in the first stage of the disciplinary process and in the composition of an appeal panel.
In McMillan v Airedale NHS Foundation Trust  IRLR 803 CA, the Court of Appeal held that the NHS had no contractual right to increase a disciplinary sanction on a doctor's internal appeal against that sanction.
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.
The Court of Appeal has revisited the issue of warnings and confirmed that a warning given in bad faith cannot be relied on to justify a dismissal.
HR and legal information and guidance relating to disciplinary penalties.