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- Type:
- How to
Practical guidance on the situation where an employee goes off sick during a disciplinary process, including medical evidence; and postponement of the disciplinary hearing.
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- Type:
- How to
Practical guidance on the matters to be considered when new allegations come to light during a disciplinary investigation.
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- Type:
- How to
Practical guidance on handling gross misconduct dismissals, including which offences amount to gross misconduct; suspension during investigation; criminal proceedings; and the disciplinary hearing.
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- Type:
- Quick reference
A table summarising the meaning of disciplinary and grievance hearings for the purpose of the right to be accompanied.
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- Type:
- FAQs
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- Date:
- 9 May 2008
- Type:
- Employment law cases
In Airbus UK Ltd v Webb [2008] IRLR 309, the Court of Appeal held that Diosynth Ltd v Thomson did not establish a rule of law that spent warnings must be ignored for all purposes. On the facts, where a spent warning was not part of the reason for the dismissal, but the basis for the employer's refusal to exercise leniency in respect of later gross misconduct, neither Diosynth nor the wording of s.98 of the Employment Rights Act 1996 rendered the dismissal necessarily unfair.
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- Date:
- 14 April 2008
- Type:
- Employment law cases
In Davies v Farnborough College of Technology [2008] IRLR 14, the EAT held that a dismissal that involved a breach of step two of the statutory dismissal and disciplinary procedure was automatically unfair, even though a full and proper appeal had been heard. The tribunal was wrong to find that the appeal "cured" the defect in the original hearing. However, it was clear that a dismissal would have occurred even if the procedure had been properly followed, so the compensatory award was set at zero.
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- Type:
- How to
Practical guidance on taking disciplinary action against an employee during pregnancy or maternity leave, including avoiding discrimination; and dismissing an employee on maternity leave.
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- Date:
- 27 June 2007
- Type:
- Employment law cases
In Software 2000 Ltd v Andrews and others EAT/0533/06 the Employment Appeal Tribunal held that where a procedurally unfair dismissal has not been rendered fair by the operation of s.98A(2) of the Employment Rights Act 1996, the tribunal must nevertheless consider if there is evidence to suggest that a fair procedure might have led to dismissal, thereby justifying a percentage reduction in compensation under Polkey.
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- Date:
- 13 June 2007
- Type:
- Employment law cases
In Airbus UK v Webb EAT/0453/06 the EAT has held that where an employee was dismissed for gross misconduct, but would not have been dismissed but for the fact that he had an expired final written warning on his record, the dismissal was unfair. The result of the expiry of the warning was that he was entitled to be treated as though he had no disciplinary record at all.