Category Archives: Disciplinary Issues

Was the dismissal of an employee for poor attitude and behavioural issues fair?

Unfair Dismissal in the Court of Appeal In a recent case which has been decided by the Court of Appeal the question of an employer’s decision to dismiss an employee for what was essentially a poor and negative attitude and negative behaviours has been considered. The Law When an employee makes a claim for unfair […]

When does Gross Negligence amount to Gross Misconduct?

Dismissal without notice In this case the Court of Appeal have analysed what constitutes gross misconduct and whether a finding of gross negligence will also be gross misconduct. The Law In order to dismiss an employee without giving notice the employer must be satisfied that the employee has done something which could be classed as […]

Why having a separate performance improvement procedure will make your life easier

Performance Management Issues When it comes to dealing with employee issues of performance it can be much harder to manage the process than straightforward misconduct issues, and as a result many business owners and managers I talk to just avoid it until the problem becomes completely unmanageable. There are numerous reasons given for letting poor […]

Suspension: When can you suspend an employee?

Getting suspension right I have been contacted by a large number of people recently who have been suspended from work in rather unusual circumstances or where suspension is clearly not justified, and therefore I thought it may be useful to remind employers of some key points to remember when suspending an employee. Can I suspend […]

Unfair Dismissal: The reasonableness of a misconduct dismissal

Can an employee be fairly dismissed for failing to disclose a relationship with a sex offender? In this recent case decided by the Court of Appeal another very sensitive issue was considered and the reasonableness of a dismissal analysed in an unfair dismissal case where the employee failed to disclose the conduct of someone associated with her. The […]

The scope of Human Resources intervention in disciplinary allegations

Will the influence of HR in an investigation and disciplinary render a dismissal unfair?  In a recent case decided by the Employment Appeal Tribunal the question of fairness of an employee’s dismissal was considered in respect of the influence that HR had on the investigation and subsequent disciplinary decision. The Law In order for a […]

The Right to be Accompanied

 Is the refusal of an employee’s choice of companion in an investigation meeting a breach of contract?  In a recent case decided by the High Court the question of the right to be accompanied was once again before the Courts. There have been several cases lately regarding this right of employees and its application. The […]

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