Summary:  Is there a legal requirement to hold a separate investigation meeting before a disciplinary meeting in order for a dismissal to be fair? No says the EAT in Sunshine Hotel Ltd t/a Palm Court Hotel v Goddard, available here.  The requirement is to carry out such investigation as is reasonable in all the circumstances.…
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Summary:  Is the knowledge of a person other than the dismissing manager, relevant to the fairness of a dismissal? Yes, says the EAT in Uddin v London Borough of Ealing, available here. Background:  The Supreme Court in Royal Mail v Jhuti (see our update here) held that where the reason for a dismissal given in…
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What do we already know? We updated you in our August 2016 Newsletter (Case update (2): Unfair dismissal:  HR teams careful where you tread…) on the case of Dronsfield v University of Reading. The EAT confirmed that HR’s involvement in a disciplinary investigation, which goes beyond simply providing advice as to process, can compromise the…
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Summary:  Can including too much information in an investigation report, in particular previous incidents which have not been the subject of disciplinary action, mean that a dismissal is unfair? No, says the EAT in NHS 24 v Pillar available here. Facts: The employee, Ms Pillar, was employed by NHS 24 (Scotland’s national telehealth organisation) as…
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Summary:  Do procedural defects in serious misconduct investigation impact on the fairness of dismissal, even if rectified on appeal? Yes, says the EAT in Tykocki v Royal Bournemouth & Christchurch Hospitals NHS Foundation Trust available here. Facts:  The employee, Ms Tykocki, in this case was a long-serving Health Care Assistant, who was dismissed for gross…
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Summary: Can Human Resource’s involvement in a disciplinary investigation which goes beyond simply providing advice as to process, compromise the fairness of the dismissal? Yes, says the EAT in Dronsfield v University of Reading available here. Facts: The employee, Dr Dronsfield, was a professor at Reading University, and was bound by the university’s policies and…
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How far can HR staff go in advising on whether to dismiss? When does setting the guidelines become pulling the strings? In the case of Ramphal v Department for Transport the EAT has provided a salutary reminder that interference can come back to bite you. Mr Ramphal was being investigated over his expenses claims and…
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Summary: In a suspected misconduct case does an employer have to investigate every line of defence put forward by an employee in order to secure a fair dismissal? No, held the Court of Appeal in Shrestha v Genesis Housing available here. Facts: Mr Shrestha was employed by Genesis as a mobile worker. He travelled by car…
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Summary: In a suspected misconduct case does an employer have to investigate every line of defence put forward by an employee in order to secure a fair dismissal? No, held the Court of Appeal in Shrestha v Genesis Housing available here. Comment: This is welcome confirmation for employers that they need only carry out a…
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Summary: If an employee is alleged to have acted dishonestly does this mean that there is a higher threshold in terms of the investigation needed to be carried out by an employer prior to a fair dismissal? No, said the Court of Appeal in Stuart v London City Airport, (accessible here), even in circumstances where,…
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