In Kulkarni v Milton Keynes Hospital NHS Trust and Secretary of State for Health [2009] IRLR 829 CA, the Court of Appeal held that NHS doctors subject to disciplinary proceedings are entitled to be represented at any disciplinary hearing by a qualified lawyer instructed by their medical protection organisation.
The Employment Appeal Tribunal has overturned an employment tribunal finding that an employer was motivated by an employee's gender when it failed to follow its disciplinary process when it dismissed him, following an allegation of rape made against him. The EAT held that, although tribunals must be alive to the fact that stereotypical views of male and female behaviour exist, there must be evidence for a tribunal to conclude that an employer has been motivated by those views.
The Employment Appeal Tribunal has held that an employer did not unfairly dismiss an employee when it failed to investigate in detail the nature of his misconduct in circumstances where he had admitted his guilt.
Practical guidance on handling grievances raised during disciplinary procedures, including the Acas code of practice; and whether or not to postpone disciplinary proceedings.
Practical guidance on handling appeals against disciplinary decisions, including the Acas code of practice; the right to be accompanied; the appeal hearing; and re-instating the employee.