Topics

Discipline

New and updated

  • 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.

  • Date:
    7 October 2016
    Type:
    Podcasts and webinars

    Podcast: Disciplinary investigations and hearings, and dismissals

    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.

  • Date:
    9 August 2016
    Type:
    Law reports

    Ill-health dismissals: Acas disciplinary code not applicable

    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.

  • Date:
    21 July 2016
    Type:
    Law reports

    Unfair dismissal: no limit on defects cured by fair appeal

    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.

  • Date:
    29 June 2016
    Type:
    Law reports

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

    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.

  • Date:
    28 June 2016
    Type:
    Law reports

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

    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.

  • Date:
    3 May 2016
    Type:
    Law reports

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

    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.

  • Date:
    2 March 2016
    Type:
    Law reports

    Unfair dismissal: The role of HR in disciplinary proceedings

    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.

  • Date:
    29 January 2016
    Type:
    Law reports

    Series of incidents of verbal abuse of colleagues culminates in fair dismissal

    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.