Carrying out a disciplinary investigation

As an employer, you may need to carry out a disciplinary investigation. In these circumstances it is essential to handle the matter in a way that is both transparent and fair. Acas Code of Practice This should be an employer’s… Read on

Misconduct outside the workplace

Many employees may assume that how they behave outside work has nothing to do with their employer. While they may be right, there are occasions when misconduct within one’s personal life may have repercussions for their employment, resulting in disciplinary… Read on

easyJet settles bacon baguette case

We report on a case that has met with much consternation amongst the HR community. But how did it come to this? Background The Claimant in this case, Shannon Gleeson, a flight attendant, was given 2 sandwiches (a croquet-monsieur and… Read on

What is a disciplinary hearing?

A disciplinary hearing is a meeting that is called by an employer to address in a formal way any issues they have with an employee. Day to day matters that have little impact on the business will usually be dealt… Read on

Final written warning could be relied on

Contrary to the case we have recently reported (Bandara v. BBC) we report on an EAT decision where the employer was allowed to rely on a final written warning, even though the Employment Tribunal held that the initial warning had… Read on

Personal social media at work: ECHR decision

The decision of the European Court of Human Rights about employee’s private use of a Yahoo Messenger account has hit the news in a big way over the last couple of days. We explain the legal rationale behind it. Background… Read on

Coming to work smelling of alcohol: dismissal unfair

Mr McElroy, the Claimant in this case, was employed by an NHS Trust, and had direct responsibility for patients. The Employment Tribunal agreed that he did come to work smelling of alcohol, but that his subsequent dismissal for gross misconduct… Read on

Email sent 6 years ago gross misconduct?

When Leeds Football Club restructured in July 2013, they wanted to make Mr Williams redundant. However, they didn’t want to pay him the 1 year notice they had promised him. So they instructed forensic experts to find some ‘dirt’ on… Read on

ACAS extends rights at disciplinaries and grievances

Background Section 10 of the Employment Relations Act 1999 (ERA) provides a statutory right for workers to be accompanied at a disciplinary (relating to conduct and/or performance) or grievance hearing where they make a reasonable request. The EAT judgment in… Read on

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