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Unfairly dismissed for “storing obscene material”

An employee who was found to have stored obscene material on his employer’s cloud storage account has claimed unfair dismissal and been awarded over £53,000. Where did the employer in this case go wrong? More...


Q&A - grounds for a disciplinary appeal


Disciplinary proceedings and advice from an HR advisor

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? More...


Reducing the sanction: is their “consent” needed?

In a recent case, the employee successfully argued that the employer needed his express consent to substitute an earlier dismissal decision for a final written warning. Is this the law or did the employer do something wrong? More...


Demotion as a disciplinary sanction

In addition to written warnings and dismissal, it’s possible to impose a demotion on an employee by way of disciplinary sanction. However, employers have no right to do this automatically. So what must you always have in place first? More...


Can we re-discipline and hike the sanction?

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? More...


Dismissals where a written warning had no appeal

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? More...


Embarrassing position for an unfair dismissal

A nurse who found herself in an embarrassing situation made light of it by cracking a joke. She was later dismissed for gross misconduct due to her “lewd comments”. The Court of Appeal has now ruled that her sacking was unfair. Why? More...


Disciplinary proceedings and police investigations

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? More...


Increase the penalty?

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? More...
Last updated: 12.08.2020

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