Discipline

New and updated

• Type:

  Employment law cases

  Case round-up

  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.

• Type:

  Employment law cases

  Supreme Court restores injunction to prevent NHS trust from continuing flawed disciplinary procedure

  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.

• Type:

  Employment law cases

  Disciplinary and grievance hearings: EAT reiterates that employers should not veto employee's choice of companion

  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.

• Type:

  FAQs

  Do employees have the right to be accompanied to a disciplinary appeal hearing?

• Type:

  Employment law cases

  Right to be accompanied: reasonableness of request for companion made 11 minutes before disciplinary hearing

  This employment tribunal decision provides a useful example for employers of what the legislation on the right to be accompanied means when it says that the right applies where a worker "reasonably requests" to be accompanied at a disciplinary hearing, an issue on which there is a surprising paucity of case law.

• Type:

  Employment law cases

  Right to be accompanied: employer fails to allow probationer to have companion at dismissal meeting

  This employer lost an employment tribunal case because it did not allow an employee who was still on his probationary period be accompanied at a meeting at which he was informed that he was being dismissed.

• Type:

  Employment law cases

  TUPE transfers: "no reason in law" why transferee cannot discipline employee for pre-transfer misconduct

  This employment tribunal decision shows that there is nothing to stop a transferee from disciplining a transferred employee who is alleged to have committed misconduct before the transfer.

• Type:

  Employment law cases

  Tribunal award of £169,000 for male worker presumed to be guilty of sexual harassment

  Assumptions that an individual accused of sexual harassment must be guilty can be costly, as this council found out after a tribunal awarded the claimant £169,000 for sex discrimination and constructive dismissal.

• Type:

  Employment law cases

  Case round-up

  David Malamatenios is a partner, and Linda Quinn, Krishna Santra, Sandra Martins and Melissa Powys-Rodrigues are solicitors at Colman Coyle Solicitors. They round up the latest rulings.

• Type:

  Employment law cases

  Grievance and disciplinary hearings: choice of companion does not need to be reasonable

  The Employment Appeal Tribunal has held 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 companion is within one of the categories set out in s.10(3) of the Employment Relations Act 1999.