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Can you start a disciplinary procedure for an issue that has already been dealt with? Can you bring up historic misconduct? – Episode 110

What are your options with disciplinary action & double jeopardy

In this episode of the podcast I cover a listener question, which asks, how far back can you go with a disciplinary issue? and can you resurrect an issue that a previous manager dealt with informally but you now feel should have been dealt with as a formal disciplinary issue? 

In this episode I will cover:

  • The risks if you dismiss an employee for an issue that has previously been dealt with informally.
  • A case where employees were ‘tried’ twice for the same issue by their employer and found to have been fairly dismissed.
  • A case where an employee was given a warning to start with and then subsequently dismissed and it was found to be unfair.
  • The test of reasonableness and why it is relevant to disciplinary decisions.
  • Why the manager’s behaviour in this scenario could be seen as bullying.
  • What you should consider if you are in similar circumstances.
  • Double jeopardy or res judicata in respect of employment issues.

Action Points

  1. Ensure that you and any managers, supervisors and decision makers in your business are trained on your standards of conduct and understand how to handle conduct issues correctly the first time;
  2. Review your disciplinary procedure and rules and ensure that you have a good and easy to follow process in place;
  3. Seek advice if you are unsure about the situation.

We offer training in respect of the correct ways to handle disciplinary processes and we can also review and advise on your procedures for you so please do get in touch if we can be of any assistance.

Useful Links

Sarkar v West London Mental Health NHS Trust 2010

Christou and another v London Borough of Haringey 2013

Williams v Leeds United Football Club

Episode 108  of the Podcast

Please do leave any comments or observations you have on this case below. Please ensure that any comments are respectful to all views and opinions.

If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £180 per month please contact me for a no obligation discussion – or you can find full details here: HR Harbour

Don’t forget you can contact us by email or or by telephone 01983 897003, 01722 653001 or 023 8098 2006

Big thanks to Leslies Motors who have loaned us a new Kia Ceed to trial for the month –

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The information contained in this Podcast and post is provided for guidance and is a snapshot of the law at the time. It is provided for your information only and should not be used as a substitute for obtaining legal advice that it specific to your particular circumstances.

The guidance should not be relied upon in any decision making process. It is strongly recommended that you seek advice before taking action.

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