Category Archives: Disciplinary & grievance

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…
Continue reading

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…
Continue reading

Case update (2): Unfair dismissal – Failure to postpone

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…
Continue reading

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…
Continue reading