On this week's XpertHR Weekly, we discuss the disciplinary process in the context of potential dismissals.
The Employment Appeal Tribunal (EAT) has held that an employer was not obliged to put the disciplinary process on hold until the employee's grievance had been investigated.
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.
In Shrestha v Genesis Housing Association Ltd  IRLR 399 CA, the Court of Appeal held that an employer's investigation into an employee's inflated mileage claims was reasonable, even though it had not investigated in detail every implausible explanation offered by the employee.
The Employment Appeal Tribunal (EAT) has held that a dismissal was procedurally unfair because the chair of the disciplinary panel had no experience or training in conducting disciplinary hearings. This led to the disciplinary panel misapplying the disciplinary procedure, and in these circumstances, the EAT found the dismissal was also substantively unfair.
A model order of proceedings for a disciplinary hearing.
A model letter inviting an employee to attend a disciplinary hearing.
A model letter inviting an employee to attend a disciplinary appeal hearing.
HR and legal information and guidance relating to discipline.