Discipline

New and updated

• Right to be accompanied: veto on trade union representative was unlawful

  Date:

  2 October 2015

  Type:

  Law reports

  An employer's veto on a trade union representative accompanying its employees to disciplinary or grievance hearings led to breaches of the right to be accompanied, an employment tribunal has found.

• EAT sets limit on the role of HR in disciplinary proceedings

  Date:

  14 September 2015

  Type:

  Law reports

  The Employment Appeal Tribunal (EAT) held that a dismissal will be unfair if the decision to dismiss an employee is improperly influenced by the HR department. The EAT explained the role of HR in disciplinary proceedings.

• Refusal to allow employee to be accompanied by chosen companion at disciplinary investigation was breach of trust and confidence

  Date:

  24 August 2015

  Type:

  Law reports

  The High Court has held that an employer breached its implied duty of trust and confidence towards an employee who was not allowed to be accompanied at a disciplinary investigation by his choice of companion.

• Dismissal of employee accused of putting image of witch on computer of colleague who "unfriended" her on Facebook

  Date:

  13 August 2015

  Type:

  Law reports

  The Employment Appeal Tribunal (EAT) has held that procedural defects in an employee's dismissal for allegedly bullying a colleague who "unfriended" her on Facebook could be cured during the appeal stage.

• Unfair dismissal: No entitlement to have disciplinary proceedings suspended while grievance considered

  Date:

  1 August 2015

  Type:

  Law reports

  In Jinadu v Docklands Buses Ltd EAT/0434/14, the EAT held that an employee was not entitled to have her disciplinary proceedings suspended while the employer considered a grievance that she had raised about her treatment. However, the case was remitted because the tribunal had failed to make clear findings as to whether she was dismissed for gross misconduct or for poor performance.

• Unfair dismissal: Warning issued in bad faith cannot be relied on

  Date:

  1 August 2015

  Type:

  Law reports

  In Way v Spectrum Property Care Ltd [2015] IRLR 657 CA, the Court of Appeal held that an employer cannot rely on a warning on an employee's file that was given in bad faith, alongside later misconduct, when deciding that there is sufficient reason to dismiss. To do so would be outside the range of reasonable responses, and not in accordance with equity and the substantial merits of the case.

• Unfair dismissal: Acas guidance on composition of an appeal panel must be considered in context

  Date:

  15 July 2015

  Type:

  Law reports

  The Employment Appeal Tribunal (EAT) has held that a dismissal was fair despite flaws in the first stage of the disciplinary process and in the composition of an appeal panel.

• How many levels of appeal should there be under a disciplinary procedure?

  Type:

  FAQs

• What should an employer do if an employee does not agree the minutes or notes of a disciplinary or grievance meeting and asks for them to be amended?

  Type:

  FAQs

• Discipline: No contractual right to increase disciplinary sanction on appeal

  Date:

  1 June 2015

  Type:

  Law reports

  In McMillan v Airedale NHS Foundation Trust [2014] IRLR 803 CA, the Court of Appeal held that the NHS had no contractual right to increase a disciplinary sanction on a doctor's internal appeal against that sanction.