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Discipline

Employers’ disciplinary rules set standards and make it clear what conduct is and is not acceptable in the workplace. A disciplinary procedure permits employers to deal fairly and consistently with employees who breach the rules and commit misconduct.

The “Acas code of practice on disciplinary and grievance procedures” provides employers with the principles for handling workplace disciplinaries. Employment tribunals will take the code into account when considering relevant cases, with the possibility of a 25% adjustment in any compensation awarded.


    • Constructive dismissal
    • Discipline

    When should you suspend an employee during a disciplinary investigation?

    by Personnel Today 11 Aug 2016
    by Personnel Today 11 Aug 2016

    Suspending an employee suspected of misconduct can have a serious impact on their reputation, so it shouldn’t be automatic in...

    • Brexit
    • Discipline
    • Discipline and grievances

    Top 10 HR questions July 2016: Brexit

    by Personnel Today 2 Aug 2016
    by Personnel Today 2 Aug 2016

    As the result of the referendum on the UK’s membership of the EU sank in during July, employers began looking...

    • Discipline
    • Discipline and grievances

    Misconduct warning letters: what to include

    by Bar Huberman 29 Jul 2016
    by Bar Huberman 29 Jul 2016

    Employers often fail to give guidelines to staff on what to include in an oral or written disciplinary warning letter....

    • Employment law
    • Discipline
    • Unfair dismissal

    Disparity of treatment: when is it lawful to treat employees differently for the same misconduct?

    by Natalie Jeffries 6 Jul 2016
    by Natalie Jeffries 6 Jul 2016

    Employers need to tread carefully in situations where disparity of treatment arises. Natalie Jeffries, an associate from Burges Salmon, looks...

    • Employment law
    • Discipline
    • Discipline and grievances

    Legal representation at disciplinary hearings: when is there a right?

    by Ashok Kanani 20 Apr 2016
    by Ashok Kanani 20 Apr 2016

    There is no statutory right for a worker to be accompanied by a legal representative at a disciplinary hearing. However,...

    • Case law
    • Discipline
    • Dismissal

    Sickness absence: four steps in dealing with malingerers  

    by Catharine Cooksley 5 Apr 2016
    by Catharine Cooksley 5 Apr 2016

    How does HR manage employees whose absence patterns or other evidence suggest they are malingerers? Catharine Cooksley looks at recent...

    • Case law
    • Discipline
    • Discipline and grievances

    Unfair dismissal: allegations of bad faith in disciplinary procedures

    by Lindsay Macdonald 17 Feb 2016
    by Lindsay Macdonald 17 Feb 2016

    In DLA Piper’s latest case report, the Employment Appeal Tribunal (EAT) held that, where there are allegations of bad faith...

    • Tribunal Watch
    • Discipline
    • Discipline and grievances

    Dismissal of worker who described bosses as “fascist”

    by Stephen Simpson 29 Jan 2016
    by Stephen Simpson 29 Jan 2016

    An employment tribunal held that an employee on a final warning was fairly dismissed after becoming aggressive during a meeting...

    • Employee relations
    • Discipline
    • Dismissal

    Managing poor performance at work: five common scenarios for HR

    by Huw Cooke 26 Jan 2016
    by Huw Cooke 26 Jan 2016

    Managing poor performance is rarely simple or swift, particularly for those employers with detailed capability procedures in place. Huw Cooke...

    • Case law
    • Discipline
    • Discipline and grievances

    Ten ways disciplinary procedures can go wrong for employers

    by Katherine Pope 25 Jan 2016
    by Katherine Pope 25 Jan 2016

    There is nothing more frustrating for employers than discovering that an employee dismissed for blatant misconduct has an arguable claim...

    • Absence
    • Discipline
    • Redundancy

    Seven tips for preparing a redundancy selection criteria matrix

    by Personnel Today 19 Jan 2016
    by Personnel Today 19 Jan 2016

    An employer that has identified a pool of employees at risk of redundancy must follow a fair procedure when deciding...

    • Tribunal Watch
    • Bribery
    • Case law

    Bribery Act 2010: worker fairly dismissed for taking bribe despite reporting it

    by Stephen Simpson 18 Jan 2016
    by Stephen Simpson 18 Jan 2016

    An employment tribunal held that an immigration officer was fairly dismissed for accepting a bribe from an offender, despite then...

    • Case law
    • Discipline
    • Discipline and grievances

    Case on role of HR in disciplinary proceedings settles

    by Personnel Today 15 Jan 2016
    by Personnel Today 15 Jan 2016

    A key case for HR, which was expected to go to the Court of Appeal in 2016, has settled. The...

    • Absence
    • Tribunal Watch
    • Reasonable adjustments

    Expensive employment tribunal awards: six-figure sums in 2015

    by Stephen Simpson 6 Jan 2016
    by Stephen Simpson 6 Jan 2016

    While employment tribunal fees have drastically reduced the number of cases and typical awards for claimants are generally four-figure sums,...

    • National living wage
    • Discipline
    • Holidays and holiday pay

    Top 10 HR questions December 2015: Severe weather

    by Personnel Today 5 Jan 2016
    by Personnel Today 5 Jan 2016

    Many employers will have been affected by the severe storms over recent weeks. The top FAQ on XpertHR in December...

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