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Information, cases and opinion relating to disciplinary and grievance issues. More guidance on these topics is available in our individual guides on disciplinary and grievance.
Asif v Elmbridge Borough Council FACTS Ms Asif was employed as an IT helpdesk administrative officer by Elmbridge Borough Council. There were two other employees with the same job and another with a similar position. A further similar position was vacant. In 2010, the council decided to restructure its information systems division to abolish these five posts and create three new posts of...
Posted: 03 Dec 2012 | FULL ARTICLE
Here is a selection of FAQs on disciplinary from our employer's guide to disciplinary procedures. View the full guide here.
Disciplinary procedures
What are an employer's minimum obligations with regard to disciplinary rules and procedures?
Which areas should be covered in a company's disciplinary rules?
Conducting disciplinary investigations
When an employee is issued with a formal warning, should the employee be required to sign and return a copy of the warning letter?
For how long should an employee be suspended while a disciplinary investigation into alleged misconduct is carried out?
Disciplinary hearings
Is an employee entitled to call witnesses at a disciplinary hearing?
Do workers have the right to be accompanied at disciplinary hearings?
What is a "reasonable" request by a worker to be accompanied at a disciplinary or grievance hearing?
Penalties
Can an employer dismiss an employee for a one-off act of poor performance?
Is it permissible to dismiss an employee on the grounds of misconduct that occurred outside the workplace?
Appeals
Is there a set timescale for the lodging of appeals against disciplinary decisions?
On what grounds can an employee appeal a disciplinary decision?
1. Disciplinary investigations2. Disciplinary hearings3. The right to be accompanied4. Deciding on penalties
Here is a selection of FAQs on grievance from our employer's guide to grievance procedures. View the full guide here.
Grievance procedures What are the possible consequences of failing to follow the Acas code of practice on disciplinary and grievance procedures?
What is the minimum an employer must offer an employee in terms of access to a grievance procedure?
Dealing with grievances Can an employer deal with a grievance informally?
Who should deal with an employee's grievance?
Right to be accompanied Do workers have the right to be accompanied at a grievance hearing?
What is the companion's role at a disciplinary or grievance hearing?
Appeals Is an employee required to submit an appeal against the outcome of a grievance in writing?
Who should hear an appeal against a decision in relation to a grievance?
Is there a specific timescale for holding a grievance appeal hearing?
Employment lawyer Hayley Johnson considers the extent to which there is any right to record such meetings and the pitfalls of doing so.....
Written statement of particulars of employment
The right to be accompanied at disciplinary and grievance hearings
You may also be interested in the following employer's guides:
Grievance procedures
The Equality Act 2010
Agency Workers Regulations
The Bribery Act 2010
View all of Personnel Today's employer's guides »
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