Should the same punishment be handed down to everyone when there are multiple culprits? Can an expired warning be taken into account? Can a disciplinary sanction be increased on appeal? We discuss some common dilemmas for employers when deciding on disciplinary penalties.
As always, HR professionals have had their fair share of employment law cases to keep track of in 2019. We count down the 10 most important judgments of the year that every employer should know about.
Updated to reflect that the launch of the FCA's new directory has been delayed due to the coronavirus (COVID-19) outbreak.
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.
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.
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.
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.