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.
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.
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.
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.
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.
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.
In Ramphal v Department for Transport  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.
This first-instance tribunal decision shows that a series of incidents in which an employee is warned for verbally abusing colleagues can combine to lead to a fair dismissal, even if taken individually the incidents do not justify dismissal.
In Biggin Hill Airport Ltd v Derwich EAT/0043/15, the EAT remitted an unfair dismissal case for consideration of whether or not an internal appeal had cured all or any of the defects earlier in the disciplinary proceedings.
In Adeshina v St George's University Hospitals NHS Foundation Trust  IRLR 704 EAT, the EAT held that flaws in disciplinary proceedings leading to a dismissal were remedied by the appeal process, and that the dismissal was fair.
HR and legal information and guidance relating to discipline.