Following an allegation of serious misconduct, an employee is under police investigation. Should you press ahead with your own disciplinary action or postpone it? What does the Employment Appeal
Tribunal say?
Published 19.11.2010
You have concerns about an employee and believe the situation requires a disciplinary investigation. If you begin this process, must you inform the employee or can it be concealed from them?
Published 03.07.2017
An employee has been accused of serious misconduct. You’ve taken witness statements from several colleagues who say that they “didn’t see anything”. Should you disclose them to the accused?
Published 19.11.2018
An employee has decided to appeal against a disciplinary sanction that you recently imposed on them because you didn’t “prove the misconduct beyond all reasonable doubt”. Are you actually required to
prove guilt?
Published 13.01.2017
You want to bring disciplinary action against an employee and plan to hold an investigatory meeting so they can give their side of the story. But at what point must you disclose any written evidence
that you have about their misconduct?
Published 27.01.2010
There’s been an incident of serious misconduct which justifies dismissal. However, your case rests entirely on the evidence of one witness. So before proceeding what steps must you take to protect
your position?
Published 01.07.2011
It’s clear that an employee has committed an act of misconduct which justifies disciplinary action. Where this situation arises, are you still obliged to carry out a disciplinary investigation or can
this stage be skipped?
Published 12.05.2021
During a disciplinary investigation there’s a good chance that you’ll need to obtain witness statements from certain employees. Who should prepare an employee’s witness statement and what should it
include?
Published 07.10.2014
You’ve been conducting a disciplinary hearing for misconduct. During that meeting the employee confesses to other serious wrongdoing. Can you take this fact into account when imposing a sanction?
Published 27.04.2011
When a disciplinary sanction expires, all documents relating to the matter must be destroyed; you can’t keep hold of them “just in case”. But what about a record of the employee’s disciplinary
offence. Must that be erased too?
Published 09.05.2014