Editor's message: You can help avoid disciplinary issues arising in your organisation by having in place clear conduct rules setting out the standards expected of employees and the consequences of unacceptable conduct.
Having a fair disciplinary procedure is essential for dealing effectively with any employee misconduct, while minimising the risk of successful tribunal claims. It is important that you train all line managers on your organisation’s disciplinary policies and procedures. In particular, managers with responsibility for carrying out investigations and holding disciplinary hearings should understand which issues - in the event of a claim - an employment tribunal will consider when deciding if a disciplinary process was fair.
While there is no statutory disciplinary procedure, case law and the “Acas code of practice on disciplinary and grievance procedures” set out basic principles that must be followed.
Zeba Sayed, employment law editor
We are joined by Max Winthrop to go through the steps that employers need to take to ensure fair and robust disciplinary and grievance procedures.
Updated to take into account an increase in the cap on a week's pay, with effect from 6 April 2019.
Although a recent Court of Appeal decision concerning suspension in relation to safeguarding concerns provides an element of reassurance for employers, consultant editor Darren Newman explains why suspension should still be used only sparingly.
Updated to include information on London Borough of Lambeth v Agoreyo, in which the Court of Appeal considered whether or not an employee’s suspension breached the implied term of trust and confidence.
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 February 2019, Acas made changes to its guide on discipline and grievances, which complements the "Acas code of practice on disciplinary and grievance procedures". We set out the key updates, in particular the amended guidance on workers seeking to postpone a disciplinary hearing because their preferred companion is unavailable.
With the Court of Appeal due to hear the appeal against the High Court decision in Agoreyo that the suspension of a teacher was a repudiatory breach of contract, consultant editor Darren Newman looks at the issue of suspension when it relates to safeguarding concerns.
As always, HR professionals had their fair share of employment law cases to keep track of in 2018, but what were the 10 most important judgments in 2018 that every employer should know about?
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.
HR and legal information and guidance relating to discipline.
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