The Employment Appeal Tribunal (EAT) has held that where an internal appeal is successful, the contract of employment is automatically revived with retrospective effect.
In DLA Piper's latest case report, a Court of Appeal decision highlights the need for employers to invest time and resources into investigating disciplinary allegations.
David Malamatenios is a partner and Krishna Santra and Colin Makin are senior associates at Colman Coyle Solicitors. They round up the latest rulings.
In DLA Piper's latest case report, the Court of Appeal held that an employer does not have the right to increase a disciplinary sanction on appeal unless it expressly provides for this option in its disciplinary procedure.
In Roberts v GB Oils Ltd EAT/0177/13, the EAT held that there is no statutory requirement for a worker's choice of companion at a disciplinary hearing to be reasonable. Provided that the companion fulfils the statutory definition, the employer is not entitled to reject the worker's choice.
Use this discipline workflow to deal with possible misconduct issues in line with the "Acas code of practice on disciplinary and grievance procedures".
In DLA Piper's case of the week, the Employment Appeal Tribunal (EAT) considered whether or not the decision makers' private deliberations during breaks in a disciplinary or grievance hearing can be admissible in an employment tribunal.
In DLA Piper's case of the week, the Employment Appeal Tribunal (EAT) considered a case in which the employer was found to have fairly dismissed someone despite choosing not to follow the findings of an independent appeal panel.
Neil Window is a trainee solicitor, Heather Marsh, Carly Mather, Associate and David Rintoul are associate solicitors, and Catherine Barker is managing associate at Addleshaw Goddard LLP. They round up the latest rulings.
HR and legal information and guidance relating to discipline.