Reopening disciplinary proceedings that have previously concluded is unusual but not impossible as no legal principles bar a second disciplinary process
Parliament has approved amendments to the new Acas Code of Practice on Disciplinary and Grievance Procedures.
The amended ACAS Code clarifies that the reference to a “reasonable” request applies to the making of the request not to the worker’s choice of companion.
Disciplinary Investigations. The ACAS Code of Practice made investigations critically important prior to a formal disciplinary hearing.
The case of Kefil v JJ Food Service Limited emphasises the importance of a final written warning when behaviour falls below the accepted standard
Council pays employee more than £500,000 for Disability Discrimination which arose from a false allegation of theft.
Note Taking at Disciplinary Hearings. Tribunals often pay close attention to the notes that were taken during the investigation, hearing and appeal.
If the outcome of the investigation is that there is a case to answer then the next step will be to arrange and conduct a disciplinary hearing.
Dishonesty in the workplace can arise in many different situations. It can be a very obvious and instant occurrence or it can be more long-term involving a less obvious series of events. Every business is a potential target, whether it is from an employee fiddling their expenses, or a customer slipping goods into their bag.
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.
Once notice of termination has been given, it cannot be withdrawn unilaterally, whether by the employer or the employee.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.
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.