Let’s suppose that an employee has been accused of misconduct. They are already subject to a live final written warning but it’s for something entirely different. Does that mean it cannot be taken
into account?
Published 16.11.2016
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
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
As you know, written warnings can be taken into consideration when deciding whether to dismiss an employee. But is it safe to rely on expired warnings? What does a recent case have to say?
Published 30.11.2006
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
If an employee appeals against a disciplinary sanction, you have to set up an appeal hearing. But, what if you decide that the original sanction was actually too lenient? Can you increase it
following the appeal hearing?
Published 05.04.2007
An employee can resign and claim constructive dismissal if an event is the final straw for them. But what about the other way around? Can you dismiss an employee because they’ve done something that
is the final straw for you?
Published 11.02.2014
Following disciplinary proceedings, an employee was given a final written warning. On reflection, it’s suggested that the right sanction for their misconduct was actually dismissal. Can you start all
over again and up the penalty?
Published 02.07.2012
You’ve carried out a proper disciplinary procedure and come to the conclusion that both are guilty of gross misconduct. Is it OK to dismiss one and give the other a final written warning?
Published 06.04.2006
You have an employee who’s less than satisfactory but not quite bad enough to warrant dismissal. After a while you become frustrated and sack him anyway. Why might a final warning be a safer option?
Published 06.10.2005