Following an allegation of employee misconduct, it’s abundantly clear that a disciplinary investigation is required. But supposing you outsourced it to an external employment consultant, would the
tribunal frown on your decision?
Published 09.04.2013
The Employment Appeal Tribunal (EAT) has ruled that an employee’s dismissal was unfair due to the conduct of the person appointed to conduct the disciplinary investigation. What should you do
following the EAT’s ruling?
Published 26.03.2020
An employee who is subject to disciplinary proceedings has responded by raising a grievance. They claim that you must automatically put the disciplinary proceedings on hold until their grievance is
concluded. Is this correct?
Published 29.05.2015
When an employee’s grievance is rejected or only partially upheld, you must offer them a right of appeal - if you don’t your procedure will be unfair. Assuming the employee does appeal, who should
hear it?
Published 15.09.2015
You need to impose a disciplinary sanction but can’t decide what would be appropriate. Someone has suggested that an HR advisor should be asked for their opinion. Why is this a bad idea?
Published 02.10.2015
Following a disciplinary hearing, further negative information has come to light about the employee. According to the Employment Appeal Tribunal, can it be taken into account when determining the
appropriate sanction?
Published 01.02.2016
In a recent case, the employer had imposed wildly different sanctions on two employees who had committed similar disciplinary offences - it dismissed one for gross misconduct but not the other. So
was that an unfair dismissal?
Published 09.02.2012
A manager has been asked to conduct a disciplinary hearing. The trouble is, it’s their first time and they’ve confessed to being “a bit nervous about the whole thing”. How can you ensure they don’t
trip up or forget something?
Published 06.11.2014
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
A couple of days ago you asked an employee to attend a disciplinary meeting to answer allegations of gross misconduct. But without any explanation he failed to turn up. Does this mean that you can
move straight to dismissal?
Published 25.08.2010