FAQs

All items: Penalties

When can an employer demote an employee lawfully?
Can expired warnings be taken into account when deciding an appropriate penalty during subsequent disciplinary proceedings?
For how long should warnings for poor performance remain "live"?
Can documentation relating to disciplinary warnings be retained after the warnings have expired?
What options does an employer have where it upholds an appeal against a disciplinary decision?
Is an employer obliged to impose the same disciplinary action where two employees break the same rule?
What should an employer take into account in deciding if, and what, disciplinary action is merited?
If an employee with a warning for misconduct commits a different type of misconduct, can the employer move straight to the next stage of the disciplinary procedure?
Can the time period for which a warning is active be "paused" when an employee goes on maternity leave and then "resumed" afterwards?
When an employee is issued with a formal warning, should the employee be required to sign and return a copy of the warning letter?

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About this category

Frequently asked questions and answers on disciplinary penalties.