Discipline

New and updated

• Unfair dismissal: Refusal to postpone disciplinary hearing when chosen companion unavailable

  Date:

  15 August 2018

  Type:

  Law reports

  In Talon Engineering Ltd v Smith, the Employment Appeal Tribunal (EAT) held that an employer's refusal to postpone a disciplinary hearing for two weeks to allow the employee's union official to accompany her made her dismissal unfair.

• Dismissal: Successful appeal revives employment contract

  Date:

  9 August 2018

  Type:

  Law reports

  In Patel v Folkestone Nursing Home Ltd, the Court of Appeal held that the effect of a contractual right of appeal against dismissal is that a successful appeal revives the contract and extinguishes the original dismissal.

• Misconduct

  Type:

  Line manager briefings

  Updated to take account of the General Data Protection Regulation, in force from 25 May 2018.

• Conducting an investigation

  Type:

  Line manager briefings

  Updated to take account of the General Data Protection Regulation, in force from 25 May 2018.

• Must an employer disclose notes and witness statements produced during a grievance or disciplinary procedure if an employee requests them?

  Type:

  FAQs

• Conducting disciplinary investigations

  Type:

  Good practice manual

  Updated to take account of the General Data Protection Regulation, in force from 25 May 2018.

• Letter informing an employee that a period of sickness absence for which the employee has not submitted medical evidence is to be treated as unauthorised absence

  Type:

  Policies and documents

  Updated to remove references to the Fit for Work service, following the cessation of assessment referrals.

• Where, following an investigation, the employer concludes that no disciplinary action is necessary, what should it do with the information gathered during the investigation?

  Type:

  FAQs

• Covert recording of disciplinary panel's private deliberations was admissible

  Date:

  11 April 2018

  Type:

  Law reports

  In Fleming v East of England Ambulance Service NHS Trust, the Employment Appeal Tribunal (EAT) held that covert recordings of the private deliberations of the disciplinary panel were admissible as evidence, except for any content covered by legal professional privilege.

• Can expired warnings be taken into account when deciding an appropriate penalty during subsequent disciplinary proceedings?

  Type:

  FAQs