Sometimes, an employee who is facing disciplinary action will already have a written warning on their personnel file. Are you allowed to take it into account when deciding whether or not to dismiss
them?
Published 26.03.2013
A nurse who found herself in an embarrassing situation made light of it by cracking a joke. She was later dismissed for gross misconduct due to her “lewd comments”. The Court of Appeal has now ruled
that her sacking was unfair. Why?
Published 22.02.2011
An employee has committed a few acts of misconduct in close succession. Individually, they only warrant a written warning. Can you add them all up and allege this is actually a matter of gross
misconduct?
Published 21.05.2014
A school employee was recently sacked for a breach of confidentiality. However, she won her claim of unfair dismissal. So did the tribunal think she had acted properly, or was there another reason
for this?
Published 27.01.2011
You’ve sent a letter to an employee ending their employment and know they have three months to try it on with an unfair dismissal claim. But when does this time limit actually start to run - on your
posting or their reading it?
Published 21.10.2009
You’re considering dismissing an employee who has a live written warning on file. However, he didn’t exercise his right of appeal during those earlier proceedings. Does that mean you can’t take it
into account now?
Published 21.10.2011
In a recent case, the employee had been required to undergo a drugs test following an anonymous tip-off. When the result came back positive, she was sacked. However, the tribunal has ruled that her
dismissal was unfair. Why?
Published 26.03.2013
An employer has been ordered to pay a former employee who resigned compensation totalling £49,000. This was all down to one fatal mistake. So what did it do that was wholly unacceptable?
Published 15.12.2014
When an employee is subject to a disciplinary investigation your process must be fair and reasonable. But suppose the investigating manager goes thorough everything in fine detail - could that render
a dismissal unfair?
Published 07.11.2017
You started disciplinary action against a poorly performing employee. But she’s now pregnant and says that because of this you can’t take it any further! What has the Employment Appeal Tribunal to
say about this little trick?
Published 10.02.2010