In a recent case, the employee had been the subject of disciplinary proceedings after he posted confidential business information on LinkedIn. However, despite having solid grounds, the employer came
unstuck at the tribunal. Why?
Published 17.12.2012
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
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
When the issue of disciplinary proceedings arises, many employers focus on carrying out an investigation and the hearing itself. But the process doesn’t end there and it’s vital that you get the next
few stages right. So how is this done?
Published 09.02.2011
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
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
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
When an employee was kicked unconscious at his desk his manager was sacked for “failing to adequately protect him from harassment”. Why did the tribunal rule that her dismissal was actually unfair?
Published 22.09.2014
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
The ACAS Code of Practice replaced the old statutory disciplinary and dismissal procedures some time ago. But the tribunal has only just dealt with one of the first cases to be heard under this new
regime. What point did it make?
Published 16.12.2010