The Employment Appeal Tribunal (EAT) has held that a dismissal was procedurally unfair because the chair of the disciplinary panel had no experience or training in conducting disciplinary hearings. This led to the disciplinary panel misapplying the disciplinary procedure, and in these circumstances, the EAT found the dismissal was also substantively unfair.
The Court of Appeal has held that it was reasonable for the employer not to carry out a detailed investigation into an employee's explanations for unusually high travel expense claims as the employer had obtained sufficient evidence to decide that the employee's explanations were implausible.
The Employment Appeal Tribunal (EAT) has held that where an internal appeal is successful, the contract of employment is automatically revived with retrospective effect.
In DLA Piper's case of the week, the Employment Appeal Tribunal (EAT) considered whether or not the decision makers' private deliberations during breaks in a disciplinary or grievance hearing can be admissible in an employment tribunal.
In DLA Piper's case of the week, the Employment Appeal Tribunal (EAT) considered a case in which the employer was found to have fairly dismissed someone despite choosing not to follow the findings of an independent appeal panel.
Neil Window is a trainee solicitor, Heather Marsh, Carly Mather, Associate and David Rintoul are associate solicitors, and Catherine Barker is managing associate at Addleshaw Goddard LLP. They round up the latest rulings.
The Supreme Court has restored the High Court decision granting a doctor an injunction to prevent an NHS trust from continuing flawed disciplinary action against her without first restarting and completing an investigation under its disciplinary policy.
The Employment Appeal Tribunal has held for the second time in 2013 that there is no requirement for an employee's request to be accompanied by a particular companion to a discipline or grievance meeting to be reasonable, provided the chosen person meets the definition of a companion in the Employment Relations Act 1999.