In University of Dundee v Chakraborty, the EAT held that legal advice privilege could not be applied retrospectively to the original version of a grievance investigation report where it had been amended afterwards by the Respondent’s legal advisors.
The Advisory, Conciliation and Arbitration Service (ACAS) has published new guidance for employers on how to handle staff suspensions. In particular, it focuses on suspension during investigations.
The Court considered that there was a legal basis for the Police Service in Scotland to bring misconduct proceedings against individual police officers based on messages they had sent to each other on a WhatsApp group.
The EAT has clarified the circumstances in which an employee can fairly be dismissed for gross misconduct.
Cerys Williams and Nick Wilcox discuss the steps firms should take to prepare for the extension of the Senior Managers and Certification Regime.
In some cases, an employer can take into account an employee’s history of expired written warnings in deciding to dismiss them.
A higher standard of disciplinary investigation is necessary to ensure a fair dismissal where the misconduct alleged is very serious.
An employer should be wary of relying upon previous unfair disciplinary sanctions to justify a subsequent dismissal.
When will an employee be able to claim an uplift for breach of the Acas Code?
Evidence from the police regarding a stalking allegation was used by an employer during their disciplinary process.
An employee was unfairly dismissed in circumstances where heavy influence from the Human Resources department had led to the investigating officer changing his recommendation from a final warning to immediate dismissal.
An employer’s refusal to allow an employee to be accompanied to an investigation meeting by a representative from a professional defence organisation was held to be a breach of contract even though the representative was neither a Trade Union representative nor colleague.
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