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- Type:
- Letters and forms
A model letter informing an employee suspected of misconduct that an investigation will be taking place.
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- Type:
- Letters and forms
A model letter inviting a witness to a disciplinary meeting.
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- Type:
- Employment law cases
An employment tribunal has held that the employer breached the claimant's right to be accompanied when it refused to allow his chosen companions, trade union representatives, to accompany him at a disciplinary appeal hearing. However, it awarded compensation of £2 only, on the basis that the employer had understandable reasons for the refusal.
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- Type:
- Employment law cases
The Court of Appeal has held that the employer was not required to match each category of gross misconduct to each allegation
and that how the conduct was eventually categorised was a matter for the decision-maker after all the evidence had been adduced.
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- Type:
- Employment law cases
In Khan v Stripestar Ltd EAT/0022/15, the EAT held that an employment tribunal was entitled to find that a dismissal was fair despite a wholly defective and unfair initial disciplinary hearing, because the subsequent internal appeal cured the defects earlier in the process.
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- Type:
- Employment law cases
The Employment Appeal Tribunal (EAT) has held that where an employee is dismissed for misconduct following an earlier warning that the tribunal has found to be manifestly inappropriate, the tribunal must examine the weight the employer attached to that warning in deciding whether or not the decision to dismiss was within the range of reasonable responses.
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- Type:
- Employment law cases
The Employment Appeal Tribunal (EAT) has held that the "Acas code of practice on disciplinary and grievance procedures" does not apply to dismissals for some other substantial reason (SOSR) due to a breakdown in working relationships.
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- Type:
- Employment law cases
In MBNA Ltd v Jones EAT/0120/15, the EAT held that the employee was fairly dismissed despite the fact that a colleague involved in the same incident received a final written warning.
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- Type:
- Employment law cases
This first-instance tribunal decision shows that a series of incidents in which an employee is warned for verbally abusing colleagues can combine to lead to a fair dismissal, even if taken individually the incidents do not justify dismissal.
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- Type:
- Employment law cases
In Adeshina v St George's University Hospitals NHS Foundation Trust [2015] IRLR 704 EAT, the EAT held that flaws in disciplinary proceedings leading to a dismissal were remedied by the appeal process, and that the dismissal was fair.