Discipline
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.
We look at four employment tribunal cases in which the claimants successfully argued that the mishandling of the disciplinary process rendered their dismissals unfair.
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.
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.
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.
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.
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.
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".
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.
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: HR and legal information and guidance relating to discipline.