Discipline

New and updated

• Type:

  Policies and documents

  Letter inviting witness to disciplinary hearing

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

• Type:

  Policies and documents

  Letter to an external witness requesting a witness statement

  Updated to highlight the impact of the General Data Protection Regulation, in force from 25 May 2018, on this document.

• Type:

  Policies and documents

  Letter inviting witness to investigatory meeting

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

• Type:

  Policies and documents

  Letter informing an employee suspected of misconduct that an investigation will be taking place

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

• Type:

  Policies and documents

  Letter inviting employee suspected of misconduct to investigatory meeting

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

• Date:

  21 December 2017

  Type:

  Survey analysis

  Discipline and grievances at work: 2017 XpertHR survey

  XpertHR's survey of 324 employers explores the level of discipline and grievance activity among employees, and employer practice in this area.

• Date:

  20 April 2017

  Type:

  Law reports

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

  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.

• Date:

  20 April 2017

  Type:

  Law reports

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

  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.

• Date:

  1 January 2017

  Type:

  Law reports

  Unfair dismissal: Procedural defects cured by internal appeal

  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.

• Date:

  17 November 2016

  Type:

  Law reports

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

  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.