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#Discipline & Grievance

With the Christmas festive season upon us, we answer five key questions to help you host celebrations that are happy and healthy.

Your guide to work Christmas Parties

9

Dec

2021

Your guide to work Christmas Parties

With the Christmas festive season upon us, we answer five key questions to help you host celebrations that are happy and healthy.

#Discipline & Grievance

In Stothard v Durham University, the Claimant was suspended following media

Decision to suspend employee was “overly hasty”

28

Aug

2020

Decision to suspend employee was “overly hasty”

In Stothard v Durham University, the Claimant was suspended following media

#Discipline & Grievance

In Gallacher v Abellio Scotrail, the Employment Appeal Tribunal (EAT) held that, in rare circumstances, an employee can be fairly dismissed without any procedure, including the absence of an appeal.

Unusual circumstances allow a dismissal with no procedure

21

Aug

2020

Unusual circumstances allow a dismissal with no procedure

In Gallacher v Abellio Scotrail, the Employment Appeal Tribunal (EAT) held that, in rare circumstances, an employee can be fairly dismissed without any procedure, including the absence of an appeal.

#Discipline & Grievance

In Tai Tarian Limited v Howell Wyn Christie, the Claimant (a carpenter) was dismissed by his employer following an anonymous complaint that he had made homophobic comments during a visit to a client’s property.

Use of Anonymous Witnesses in Disciplinary Hearings

9

Jul

2020

Use of Anonymous Witnesses in Disciplinary Hearings

In Tai Tarian Limited v Howell Wyn Christie, the Claimant (a carpenter) was dismissed by his employer following an anonymous complaint that he had made homophobic comments during a visit to a client’s property.

#Discipline & Grievance
This week, in Base Childrenswear v Otshudi, the Court of Appeal confirmed that not being honest about the reason for dismissal can show that the employer has a discrimination case to answer.

Little white lies: not giving the true reasons for dismissal pointed to discrimination

11

Oct

2019

Little white lies: not giving the true reasons for dismissal pointed to discrimination

This week, in Base Childrenswear v Otshudi, the Court of Appeal confirmed that not being honest about the reason for dismissal can show that the employer has a discrimination case to answer.
#Discipline & Grievance
In North West Anglia NHS Foundation Trust v Gregg, the Court of Appeal overturned an injunction that had prevented an employer from continuing with disciplinary proceedings pending the outcome of police enquiries.

Can disciplinary proceedings continue alongside a police investigation?

28

Mar

2019

Can disciplinary proceedings continue alongside a police investigation?

In North West Anglia NHS Foundation Trust v Gregg, the Court of Appeal overturned an injunction that had prevented an employer from continuing with disciplinary proceedings pending the outcome of police enquiries.
#Discipline & Grievance
We previously blogged on the High Court case of Agoreyo v London Borough of Lambeth, in which the High Court held that the suspension of a teacher was a “knee jerk reaction” which breached the implied term of trust and confidence (enabling Ms Agoreyo to resign and claim constructive dismissal)

Suspension will not breach trust and confidence if there is a reasonable and proper cause

22

Mar

2019

Suspension will not breach trust and confidence if there is a reasonable and proper cause

We previously blogged on the High Court case of Agoreyo v London Borough of Lambeth, in which the High Court held that the suspension of a teacher was a “knee jerk reaction” which breached the implied term of trust and confidence (enabling Ms Agoreyo to resign and claim constructive dismissal)
#Discipline & Grievance
In Talon Engineering Ltd v Smith, the Employment Appeal Tribunal (the ‘EAT’) held that an employer’s refusal to postpone a disciplinary hearing for two weeks to enable the Claimant’s union official to accompany her rendered the subsequent dismissal unfair. In this case, the Claimant faced disciplinary action for sending unprofessional emails.

Refusal to postpone disciplinary hearing when companion not available was unfair

23

Aug

2018

Refusal to postpone disciplinary hearing when companion not available was unfair

In Talon Engineering Ltd v Smith, the Employment Appeal Tribunal (the ‘EAT’) held that an employer’s refusal to postpone a disciplinary hearing for two weeks to enable the Claimant’s union official to accompany her rendered the subsequent dismissal unfair. In this case, the Claimant faced disciplinary action for sending unprofessional emails.
#Discipline & Grievance
In NHS 24 v Pillar the claimant was a nurse practitioner who was dismissed for gross misconduct after she had failed to call 999 for a patient suffering a heart attack. The investigation into this Patient Safety Incident (PSI) also included two earlier PSIs, where no disciplinary action had been taken, including one which took place some 3 years earlier.

Can similar past conduct be used in a disciplinary investigation?

9

Oct

2017

Can similar past conduct be used in a disciplinary investigation?

In NHS 24 v Pillar the claimant was a nurse practitioner who was dismissed for gross misconduct after she had failed to call 999 for a patient suffering a heart attack. The investigation into this Patient Safety Incident (PSI) also included two earlier PSIs, where no disciplinary action had been taken, including one which took place some 3 years earlier.
#Discipline & Grievance
In Agoreyo v London Borough of Lambeth, three allegations of unreasonable force against pupils were made against a primary school teacher.

Lesson learnt…suspension of teacher was not a neutral act

22

Aug

2017

Lesson learnt…suspension of teacher was not a neutral act

In Agoreyo v London Borough of Lambeth, three allegations of unreasonable force against pupils were made against a primary school teacher.
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