Discipline | Managing employees/workers | Employment law cases | HR Tools

Disciplinary procedures and unfair dismissal: Tribunal round-up

Date:: 16 May 2023

We look at four recent employment tribunal decisions where the unfair dismissal claim was successful because of procedural mistakes made by the employer during the disciplinary process.

Mishandled disciplinary procedures: Employment tribunal round-up

Date:: 13 July 2022

We look at four employment tribunal cases in which the claimants successfully argued that the mishandling of the disciplinary process rendered their dismissals unfair.

Disciplinary hearing: Rescheduling and holding by phone is reasonable adjustment

Date:: 1 March 2022

In Hayes v Rendall & Rittner Ltd, an employment tribunal held that it would have been a reasonable adjustment for the employer to reschedule a disciplinary hearing and to have it heard by telephone.

Disciplinary hearing: Accompaniment by family member was reasonable adjustment

Date:: 14 December 2021

In Cox v Lancashire County Council, an employment tribunal held that allowing an autistic employee's wife to accompany him at a disciplinary hearing was a reasonable adjustment under disability discrimination legislation.

Unfair dismissal: Reliance on anonymous statement was not unreasonable

Date:: 22 July 2020

In Tai Tarian Ltd v Christie, the Employment Appeal Tribunal held that the tribunal had erred in its approach to fairness when it found the carpenter had been unfairly dismissed following a complaint made against him by a tenant who requested anonymity.

Disciplinary investigations: "Inherently flawed" process made dismissal unfair

Date:: 2 June 2020

In Adenusi v London Underground Ltd, an employment tribunal held that the employee's dismissal for sexual harassment was unfair because the employer did not carry out a reasonable investigation.

Right to suspend: High court grants injunction allowing lawyer's return to duties

Date:: 26 February 2020

In Harrison v Barking, Havering and Redbridge University Hospitals NHS Trust, the High Court granted an interim injunction to allow a suspended employee to return to the majority of her normal duties because there was no justification to restrict such duties.

Internet misuse: Tribunal rules gross misconduct dismissal is fair

Date:: 13 February 2020

In Hall v Weightmans LLP, an employment tribunal found that the employee's dismissal for excessive internet use discovered during a disciplinary investigation was fair and that the appeal procedure followed was "textbook".

Breach of contract: Suspension must be "reasonable and proper" response to misconduct allegations

Date:: 5 March 2019

In London Borough of Lambeth v Agoreyo, the Court of Appeal held that the proper test for the courts for deciding if an employee's suspension breached the implied term of trust and confidence is whether or not the employer's decision to suspend was a "reasonable and proper" response to the allegations.

Dismissal for urinating in loading yard was unfair and something arising from disability

Date:: 10 January 2019

In Asda Stores Ltd v Raymond, the Employment Appeal Tribunal (EAT) upheld the tribunal decision that the employer's failure to conduct a reasonable investigation and to take reasonable care during the disciplinary process made the employee's dismissal unfair. The EAT also upheld the tribunal's ruling that his dismissal arose from his disability.

Employment law cases

All items: Discipline

Disciplinary procedures and unfair dismissal: Tribunal round-up

Mishandled disciplinary procedures: Employment tribunal round-up

Disciplinary hearing: Rescheduling and holding by phone is reasonable adjustment

Disciplinary hearing: Accompaniment by family member was reasonable adjustment

Unfair dismissal: Reliance on anonymous statement was not unreasonable

Disciplinary investigations: "Inherently flawed" process made dismissal unfair

Right to suspend: High court grants injunction allowing lawyer's return to duties

Internet misuse: Tribunal rules gross misconduct dismissal is fair

Breach of contract: Suspension must be "reasonable and proper" response to misconduct allegations

Dismissal for urinating in loading yard was unfair and something arising from disability

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