Discipline, Dismissals and Appeals - Kea HR Solutions

Dishonesty in the Workplace

Allegations of dishonesty can be difficult and high-risk for SMEs to manage, particularly where trust has broken down or dismissal is being considered. However, employers should avoid making rushed decisions based on suspicion or assumptions alone. This article explains why fair investigations, evidence-led decision making, documentation and proportionate disciplinary procedures are essential when managing workplace dishonesty concerns.

Read my Top Tips to what you can do if you suspect dishonesty, if a theft occurs and how to deal with an allegation of dishonesty and rebuild trust afterwards.

Changing The Effective Date Of termination was Permissible

Once notice of termination has been given, it cannot be withdrawn unilaterally, whether by the employer or the employee. The notice period can only be shortened or extended by mutual consent.

Suspension of an Employee for Alleged Misconduct

In some cases, it may be appropriate for you to suspend an employee from work pending the completion of an investigation. However, given the serious implications of suspension for an employee, including for his or her morale and professional reputation, you must ensure that the circumstances of the case justify it, and that it is necessary to ensure a fair investigation. Suspension will not be necessary in every case.

Read my Top Tips to suspending an employee and download my template letter to confirm a period of suspension.

Bus driver who was sacked after TripAdvisor review wins unfair dismissal claim

A bus driver who was sacked after a single negative review on the TripAdvisor website has been awarded more than £2,600 in compensation for unfair dismissal.

Sacked Cancer Sufferer was Unfairly Dismissed

Ventura unfairly dismissed employee for Facebook comments

This case shows that derogatory comments will by no means always justify dismissal. Mrs Whitham was dismissed by Ventura after posting comments on Facebook which criticised her workplace last September.

Fair Misconduct Dismissal

Misconduct is one of the five fair reasons for dismissing an employee read my tips to achieving a fair misconduct dismissal and avoid an unfair dismissal claim

Greggs boss wins scone gift case

Greggs boss wins scone gift case. Miss Hamilton was accused of stealing, suspended and told either to take a demotion or resign. However, an employment tribunal agreed with the 46-year-old’s account that she had taken payment for the scones.

Dismissal for driving HGV without a valid driving licence was fair

In the case of Wincanton plc v Atkinson and another, the Employment Appeal Tribunal (EAT) has overturned a decision that an employer had unfairly dismissed two lorry drivers who had mistakenly allowed their ADR licences to expire.

Workplace Investigations For SMEs

When employers suspect misconduct, fraudulent sickness absence or other serious workplace concerns, it can be tempting to act quickly. However, workplace investigations and employee surveillance must be handled carefully to avoid creating legal, GDPR and employee relations risks. This guide explains what SMEs should consider before carrying out investigations and why fair process and proper documentation matter.

Read my brief overview of where a private detective may be able to help your business.