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DISCIPLINARY PROCEEDINGS

Can a disciplinary investigation be too thorough?

When an employee is subject to a disciplinary investigation your process must be fair and reasonable. But suppose the investigating manager goes thorough everything in fine detail - could that render a dismissal unfair? More...

DISCIPLINARY PROCEEDINGS

Disciplinary proceedings and new information

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? More...

DISCIPLINARY PROCEEDINGS

Disciplinary procedures: right to a rehearing?

When an employee is required to attend a disciplinary hearing, they must be given all the evidence against them in advance of it. But what if some evidence is accidentally missed out? Must you hold a rehearing? More...

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

Disciplinary hearings: a first time for everything

A manager has been asked to conduct a disciplinary hearing. The trouble is, it’s their first time and they’ve confessed to being “a bit nervous about the whole thing”. How can you ensure they don’t trip up or forget something? More...

DISCIPLINARY MATTERS

(Un)reasonable delay in disciplinary proceedings

It’s taken you six months to carry out an investigation into an allegation of misconduct and arrange a disciplinary hearing. The employee says that this renders the entire process “unfair”. Is this correct? More...

DISCIPLINARY PROCEDURES

The first tribunal ruling on the ACAS Code of Practice

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? More...

DISCIPLINARY PROCEEDINGS

Using police statements to dismiss employees

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 ACTION

Relying on the police

If the police are investigating an employee because of alleged misconduct at work, can you rely on them to do your investigative work for you? What’s the position in light of a recent case? More...
Last updated: 07.08.2020

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