Topics

Discipline

New and updated

  • Podcast: Companions at disciplinary hearings - tricky scenarios for HR

    Date:
    2 June 2017
    Type:
    Audio and video

    In this week's podcast, we explain what HR should do when faced with some tricky scenarios related to the right to be accompanied at disciplinary hearings. The seven scenarios discussed include a worker requesting a companion with a history of disruptive behaviour, and a worker asking for a postponement at the last minute to find a companion.

  • Right to be accompanied: £2 award after employer turns down employee's chosen companion

    Date:
    20 April 2017
    Type:
    Law reports

    An employment tribunal has held that the employer breached the claimant's right to be accompanied when it refused to allow his chosen companions, trade union representatives, to accompany him at a disciplinary appeal hearing. However, it awarded compensation of £2 only, on the basis that the employer had understandable reasons for the refusal.

  • Unfair dismissal: decision-maker decides how conduct is ultimately categorised

    Date:
    20 April 2017
    Type:
    Law reports

    The Court of Appeal has held that the employer was not required to match each category of gross misconduct to each allegation and that how the conduct was eventually categorised was a matter for the decision-maker after all the evidence had been adduced.

  • Unfair dismissal: Procedural defects cured by internal appeal

    Date:
    1 January 2017
    Type:
    Law reports

    In Khan v Stripestar Ltd EAT/0022/15, the EAT held that an employment tribunal was entitled to find that a dismissal was fair despite a wholly defective and unfair initial disciplinary hearing, because the subsequent internal appeal cured the defects earlier in the process.

  • Unfair dismissal: impact of "manifestly inappropriate" warning on decision to dismiss

    Date:
    17 November 2016
    Type:
    Law reports

    The Employment Appeal Tribunal (EAT) has held that where an employee is dismissed for misconduct following an earlier warning that the tribunal has found to be manifestly inappropriate, the tribunal must examine the weight the employer attached to that warning in deciding whether or not the decision to dismiss was within the range of reasonable responses.

  • Podcast: Disciplinary investigations and hearings, and dismissals

    Date:
    7 October 2016
    Type:
    Audio and video

    In this week's feature-length podcast, we are joined by special guests Nicky Stibbs and Max Winthrop to discuss some common areas of concern around the termination of employment.

  • Discipline and dismissal: financial services

    Type:
    Employment law manual

    Updated to include information on PRA and FCA requirements for reporting any disciplinary action taken due to a breach of the conduct rules.

  • Consultation on reforming the law on misconduct in public office

    Type:
    Consultations

    The Law Commission consults on reforming the offence of misconduct in public office.

  • Ill-health dismissals: Acas disciplinary code not applicable

    Date:
    9 August 2016
    Type:
    Law reports

    In DLA Piper's latest case report, the Employment Appeal Tribunal (EAT) confirmed that the Acas code of practice on disciplinary and grievance procedures does not apply to dismissals on the ground of ill health where there is no element of culpability on the part of the employee.

  • Unfair dismissal: no limit on defects cured by fair appeal

    Date:
    21 July 2016
    Type:
    Law reports

    The Employment Appeal Tribunal (EAT) has held that there are no limitations on the nature and extent of the deficiencies in a first stage disciplinary procedure that can be cured by a thorough and effective appeal.