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DISCIPLINARY PROCEEDINGS

Grievances received during disciplinary proceedings

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? More...

DISCIPLINARY PROCEEDINGS

Dealing with a reluctant witness

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? More...

TRIBUNAL AWARDS

Dishonesty: can it slash a tribunal award?

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? More...

DISCIPLINARY MATTERS

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...

UNFAIR DISMISSAL

(Un)fairly dismissed for breach of confidentiality

A school employee was recently sacked for a breach of confidentiality. However, she won her claim of unfair dismissal. So did the tribunal think she had acted properly, or was there another reason for this? More...

DISCIPLINARY INVESTIGATIONS

It’s one employee’s word against another

An employee has made an allegation of misconduct about another which they strongly deny. It’s a case of one word against the other, so whose do you take? What’s the latest advice from the Court of Appeal? More...

DISCIPLINARY PROCEDURES

Workers behaving badly

You’re holding a disciplinary hearing during which the employee behaves so badly that you decide it amounts to gross misconduct so you dismiss them there and then. Would you be justified in doing this? More...

DISCIPLINARY PROCEDURES

Resolving procedural irregularities

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? More...

DISCIPLINARY ACTION

When new allegations come to light…

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? More...

UNFAIR DISMISSAL

Withholding witness evidence

You’re supposed to supply witness statements to an employee charged with a disciplinary offence. But what if the witness is scared of reprisals? Can you fairly dismiss an employee when they’ve not seen the evidence against them? More...
Last updated: 12.08.2020

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