Employment Notes
Tag: disciplinary
Showing 36 out of 53 results
UK: Unfair dismissal - broad investigation may be required where credibility of serious allegations at issue
Where an employer is contemplating dismissal for gross misconduct on the basis of disputed and uncorroborated evidence, fairness may require it to carry …
UK: Unfair dismissal - reliance on inappropriate final warning could render dismissal for gross misconduct unfair
In Bandara v British Broadcasting Corporation, an employer dismissed an employee in reliance on both recent gross misconduct and a prior final written …
Hong Kong: Is it time to refresh your disciplinary procedure?
When was the last time you looked at your organisation's disciplinary procedures? Is it time for a refresh? Earlier this year, a decision of the Court of …
UK: Subject access requests - employer's refusal to comply contributed to unfair dismissal
Refusing to comply with a subject access request may contribute to the unfairness of a subsequent dismissal, where the tribunal considers that the …
UK: Limits to HR role in disciplinary investigations confirmed
Following the decision in Ramphal, a further EAT ruling has reiterated the importance of confining HR's role in disciplinary proceedings to one of advice …
UK: Acas Code only applies to dismissals with element of employee culpability
Employers who unreasonably fail to follow the Acas Code of Practice on Disciplinary and Grievance Procedures, where it applies to a …
UK: Discipline - raising non-urgent or trivial concerns while an employee is on stress-related sick leave may amount to constructive dismissal
Employers should consider carefully whether it is necessary to raise disciplinary concerns with an employee while they are absent on stress-related sick …
UK: HR advice on disciplinary matters should be limited
HR should ensure that, when advising managers investigating or deciding on disciplinary matters, their advice is limited to matters of law and procedure, …
UK: Employers may need to allow wider choice of companion in disciplinary process
It may be a breach of trust and confidence in some cases for an employer to deny an employee the right to be accompanied to a disciplinary investigation …
UK: Unfair dismissal - dismissal for attending work smelling of alcohol was unfair given failure to follow policies
Employers seeking to dismiss for misconduct should consider carefully whether the behaviour properly falls within the category of gross misconduct and …
UK: Disciplinary appeals - involvement of manager junior to decision-maker may not be unfair
Inclusion in an internal appeal panel of an individual who is junior to the decision-maker will not necessarily render an appeal process unfair, despite …
UK: Legislative changes April 2015 - family-related leave, rates, Acas Code
The new shared parental leave and pay regime came into operation on 5 April 2015 (applying to parents of children expected to be born, or placed for …
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