If you’ve followed our advice on the disciplinary process, you’ll know that you must get it right. But if you fail to follow some of the procedures, can you still salvage the process? What does a
Court of Appeal finding have to say?
Published 15.11.2007
Let’s suppose that an employee has complained about the conduct of another member of staff towards them. However, they are reluctant to face them at a disciplinary hearing. How should you deal with
this situation?
Published 19.09.2013
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
Even when the tribunal makes a finding of unfair dismissal, it can still reduce the compensatory award where the employee’s conduct “justifies” it. But suppose they were dishonest during the
disciplinary hearing - does that count too?
Published 14.05.2012
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
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
The current statutory disciplinary and dismissal procedures (DDP) will be replaced by a new voluntary ACAS Code of Practice on April 6 2009, which aims to promote fairness. So how should you then
handle disciplinary issues?
Published 19.03.2009
Where the evidence at a disciplinary hearing reveals potential misconduct that wasn’t specified in your original notification of disciplinary hearing letter, are you required to adjourn proceedings
and send out a new letter?
Published 19.04.2007
An employee has the right to be accompanied by a workplace companion to a disciplinary hearing. But what’s the situation if their companion can’t make the hearing date that you’ve set. Must you
reschedule?
Published 14.06.2022