In Hall v Weightmans LLP, an employment tribunal found that the employee's dismissal for excessive internet use discovered during a disciplinary investigation was fair and that the appeal procedure followed was "textbook".
Although a recent Court of Appeal decision concerning suspension in relation to safeguarding concerns provides an element of reassurance for employers, consultant editor Darren Newman explains why suspension should still be used only sparingly.
In London Borough of Lambeth v Agoreyo, the Court of Appeal held that the proper test for the courts for deciding if an employee's suspension breached the implied term of trust and confidence is whether or not the employer's decision to suspend was a "reasonable and proper" response to the allegations.
In February 2019, Acas made changes to its guide on discipline and grievances, which complements the "Acas code of practice on disciplinary and grievance procedures". We set out the key updates, in particular the amended guidance on workers seeking to postpone a disciplinary hearing because their preferred companion is unavailable.
With the Court of Appeal due to hear the appeal against the High Court decision in Agoreyo that the suspension of a teacher was a repudiatory breach of contract, consultant editor Darren Newman looks at the issue of suspension when it relates to safeguarding concerns.
In Asda Stores Ltd v Raymond, the Employment Appeal Tribunal (EAT) upheld the tribunal decision that the employer's failure to conduct a reasonable investigation and to take reasonable care during the disciplinary process made the employee's dismissal unfair. The EAT also upheld the tribunal's ruling that his dismissal arose from his disability.
Updated to include information on Talon Engineering Ltd v Smith, concerning the employer's refusal to postpone a disciplinary hearing to allow the employee to be accompanied.