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Tag Archive

Top 10 Examples of How Flawed Disciplinary Procedures Can Give Rise to Unfair Dismissal Claims

For an employer, nothing is more frustrating than an employee that has been dismissed for “blatant misconduct” yet has a potential claim for unfair dismissal because the correct procedures were not followed. Here are top 10 examples of how disciplinary procedures can go wrong for employers:  

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How to Manage a Disciplinary Hearing

In the ideal world of employment, employee behaviour would be flawless, punctuality would be the norm, absences would be minimal, if not rare, and the standard of work would be exceptional. To the contrary, in the real world of employment, most employers will be aware that this is not always the case and, in some circumstances, issues may arise which force an employer to take disciplinary action. 

An essential point to note is that if an employer determines that there is a disciplinary issue at hand following a thorough investigation, it is key that the employer conducts a fair and well-prepared disciplinary hearing before any disciplinary action can lawfully be taken. This is not only representative of excellent HR practice but a way to ensure that employees are able to offer their point of view on the matter and be treated fairly. 

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TUPE and outstanding disciplinary appeals

No industry likes the chaos and anarchy the word TUPE brings. Most employers are aware that employees from OldCo transfer to NewCo on the same terms and conditions, however does this also mean that an employee pending an appeal from dismissal also transfers to NewCo?

The Employment Appeal Tribunal (“EAT”) recently dealt with this interesting issue in Bangura v Southern Cross Healthcare.

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