Category Archives: Disciplinary & grievance

Case update (4):  Constructive unfair dismissal and grievance procedure

Summary:  Can an employee successfully claim constructive dismissal if they use the grievance procedure following the alleged breach of contract? Yes, says the EAT in Gordon v J & D Pierce (Contracts) Ltd available here. Background:  Constructive dismissals occur when an employee resigns in response to their employer’s repudiatory breach of the employment contract.  However,…
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Coronavirus (COVID-19): ACAS guidance on disciplinaries and grievances

advice online
ACAS has issued guidance for employers on handling disciplinary and grievance processes during the Coronavirus pandemic (available here). The guidance confirms that employees can still raise a grievance or be subject to a disciplinary whilst they are working from home, following social distancing in the workplace, or on furlough. However, employers must consider if they…
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Case Update (3): Guidance on Covert Recordings

covert recording
Summary: Is it misconduct for an employee to make a covert recording at work? Yes, except in the most pressing of circumstances, held the EAT in Phoenix House v Stockman available here. Facts:  The employee, Mrs Stockman, brought a successful claim in the Employment Tribunal for unfair dismissal.   During the Tribunal proceedings it emerged that…
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Case update (1): Disciplinaries – What if there is a Police Investigation?

Summary:  Does an employer breach the implied duty of trust and confidence by proceeding with a disciplinary investigation whilst there is an ongoing police investigation? No, says the Court of Appeal in North West Anglia NHS Foundation Trust v Gregg available here.  Only in very limited circumstances is there any requirement on an employer to…
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Case update (2): Unfair dismissal – Failure to postpone

dismissed
Summary:   Did an employer’s refusal to postpone a disciplinary hearing, due to the unavailability of the employee’s trade union representative, make the dismissal unfair? Yes, says the EAT in Talon Engineering Limited v Smith available here. Background:  Workers have a statutory right to be accompanied at disciplinary hearings by either a work colleague or their…
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Blog: Beware the delay!

Once again the world of professional cycling has given me a thought for a blog. This time it is the Chris Froome situation. As an update, on Stage 18 of the Vuelta a Espana (Tour of Spain) in September 2017 he gave an “adverse analytical finding” – essentially his urine test showed double the permitted…
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