Real Employment Law Advice

Disciplinary Issues- A case example: Episode 2

Disciplinary issues


Disciplinary Sanctions and increasing them on appeal

In this weeks’ episode I tell you about a recent case decided by the Employment Appeal Tribunal regarding disciplinary issues and appeals. The case is McMillan v Airedale NHS Foundation Trust.

Particularly you will learn…..

  • The effect of having a contractual disciplinary policy
  • The importance of the content of your disciplinary procedures
  • If a disciplinary sanction can be increased after an employee appeals
  • Circumstances when an employee can seek an injunction to stop an employer dismissing

HR best practice tip

The best practice tip also follows from what we have learnt from the case and stresses why you need to have a good procedure in place.

Podcast references and helpful information 

You can read more information about dealing with disciplinary issues here

If you are interested in reading the full judgement in the case McMillan v Airedale NHS Foundation Trust you can do so here




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Real Employment Law Advice LogoThe 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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