Employment Notes
Tag: disciplinary
Showing 48 out of 53 results
UK: Disciplinary and grievance procedures: changes to Acas Code
In December 2013 Acas consulted on changes to its Code of Practice on Disciplinary and Grievance Procedures to reflect the EAT ruling in Toal v GB Oils. …
UK: Termination - need for careful drafting of dismissal letter highlighted
Employers should avoid attaching emotive labels when informing employees of the findings of disciplinary panels. The Court of Appeal in Brito-Babapulle v …
Australia: Employee investigation reports not always privileged
A recent decision of the Federal Circuit Court serves as an important reminder for employers to ensure that lawyers are properly engaged and that …
UK: Discipline - no breach of duty in instituting disciplinary proceedings where within range of reasonable responses
Employers will not breach their duty of care by starting the disciplinary process where this is objectively within the range of reasonable responses, …
UK: Disciplinaries - no right to increase sanction on appeal unless express provision
An employer has no contractual right to increase a disciplinary sanction on appeal under a contractual disciplinary policy unless the policy expressly …
UK: Disciplinaries - use of external consultants
Employers faced with disciplining a senior employee, or those with small workforces, may wish to use an external adviser for part of the disciplinary …
UK: Disciplinary process - implied right to fair process enforceable by injunction
The Supreme Court has ruled that there is an implied contractual right to a fair disciplinary process, a serious breach of which could enable an employee …
UK: Disciplinary and grievance procedures - proposed changes to Acas Code
Acas is consulting on changes to its Code of Practice on Disciplinary and Grievance Procedures to reflect the EAT ruling in Toal v GB Oils. This case …
UK: Discipline/grievances- employees can choose 'unreasonable' companion
The EAT has ruled that employees exercising the statutory right to be accompanied at a disciplinary or grievance hearing are entitled to have present …
UK: Unfair dismissal: tribunals should not normally look behind a final written warning
It is reasonable for an employer to take a current, final written warning into account when dismissing for subsequent misconduct, provided it was issued …
UK: Unfair dismissal: ruling on prior warnings, human rights challenge rejected
Employers can rely on a current prior warning to support a dismissal for misconduct which would not justify dismissal on its own, even where the two …
Social media: caution required when disciplining for Facebook comments
Employers should not assume that they have the right to restrict an employee's freedom to express views on social media where these concern personal …
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