Discipline

New and updated

• 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.

• 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.

• Acas code does not extend to dismissal for breakdown in working relationships

  Date:

  29 June 2016

  Type:

  Law reports

  The Employment Appeal Tribunal (EAT) has held that the "Acas code of practice on disciplinary and grievance procedures" does not apply to dismissals for some other substantial reason (SOSR) due to a breakdown in working relationships.

• Acas code on discipline and grievance does not apply to ill-health dismissals

  Date:

  28 June 2016

  Type:

  Law reports

  The Employment Appeal Tribunal (EAT) has held that the "Acas code of practice on disciplinary and grievance procedures" does not extend to dismissals on the ground of ill health.

• Unfair dismissal: Employee's dismissal was fair even though colleague received lesser sanction

  Date:

  3 May 2016

  Type:

  Law reports

  In MBNA Ltd v Jones EAT/0120/15, the EAT held that the employee was fairly dismissed despite the fact that a colleague involved in the same incident received a final written warning.

• Unfair dismissal: The role of HR in disciplinary proceedings

  Date:

  2 March 2016

  Type:

  Law reports

  In Ramphal v Department for Transport [2015] IRLR 985 EAT, the EAT held that a disciplinary process was potentially unfair on the basis that the manager who conducted it was improperly influenced in his conclusions by representatives of HR who had not been directly involved in or present at the disciplinary hearing.