Running a disciplinary investigation is a daunting prospect, particularly for a manager without experience of such processes. It’s understandable that investigators may need support and guidance from HR or in-house legal.
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 Claimant, Mr Garamukanwa, was employed by Solent NHS Trust as a clinical manager. He was involved in a personal relationship with a female colleague which ended.
An employee who was dismissed for failing to provide evidence of his right to work should have been given the right to appeal against his dismissal.
The EAT has clarified the circumstances in which an employee can fairly be dismissed for gross misconduct.
When conducting a disciplinary investigation into an employee’s suspected misconduct, it may be open to an employer to take into account past conduct which had
An employer who gives an employee a false reason dismissal may be in breach of the implied term of mutual trust and confidence. Mr Rawlinson
An employee’s poor attitude towards organisational changes within their employer’s business could amount to gross misconduct.
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.
Was a headteacher’s decision not to inform her school of her relationship with a sex offender a fair reason for dismissal?
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