Unfair Dismissal: The Disciplinary Process

Unfair Dismissal

  Are you required to suspend a disciplinary procedure when an employee raises a grievance? 

In this episode of the podcast I bring you details of a recent case decided by the Employment Appeal Tribunal about unfair dismissal and the process of dismissal. The appeal in this case involved various questions, importantly including whether or not a disciplinary process should be suspended whilst a related grievance is investigated.

In this episode you will learn

  • Whether a disciplinary procedure should be suspended pending a grievance outcome
  • About the best practice for disciplinary procedures
  • Why a delay in this case between decision and appeal led to a confusion of the issues
  • When you should seek advice

HR Best Practice Tip

The HR tip of the week is about dealing with disciplinary appeals and procedures, and I recommend that, where possible, you have a senior member of staff who is not involved in the investigation or early stages of the disciplinary.

Podcast references

Jinadu v Docklands Buses Ltd [EAT]

ACAS Code of Practice

If you have a question that you would like answered in the podcast please send me an email to alison@realemploymentlawadvice.co.uk or leave a comment below.

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Would you liAdvice neededke advice about your situation?

Appointments are available on the telephone or via Skype throughout the UK.

Alternatively I offer face to face appointments on the Isle of Wight, in Eastleigh, Southampton, Fareham, Portsmouth, Winchester and surrounding areas in Hampshire.




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The information contained in this blog post is provided for guidance and is a snapshot of the law at the time it is written. 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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