Can you be sacked after a disciplinary hearing?
Normally, you will be given a number of disciplinary warnings and have the chance to improve your performance or conduct. You could be dismissed straight away in cases of ‘gross misconduct’ such as theft or fighting.
On what grounds can an employee appeal a disciplinary decision?
new evidence has come to light that should be investigated; the sanction imposed was too severe or disproportionate to the misconduct; the sanction was inconsistent with one imposed for similar misconduct committed by another employee; there was unfairness or bias among the original decision-makers; or.
What evidence can be used in a disciplinary?
Ask for your employer’s evidence and prepare your case The evidence might include witness statements, emails or other documents. If you have not had enough time to consider your employer’s evidence and prepare your case, you should ask for more time. This should be a reasonable length of time.
Can HR ask questions in a disciplinary hearing?
No. It is important to note that when asking an HR adviser legal questions, those questions and any advice you receive as answers to those questions are likely to be given to the employee if the matter ever goes before an Employment Tribunal.
Can HR chair a disciplinary hearing?
There is a serious misconception that employers may not get external experts to chair disciplinary hearings. It is true that such experts might, under certain circumstances not be allowed to represent the employer (or the employee). However, the person chairing the hearing is not representing either of the parties.
Who decides the outcome of a disciplinary hearing?
After following a fair disciplinary procedure, the employer should decide on the best outcome based on: the findings from the investigation and meetings.
Can you dismiss someone within 12 months?
While the right not to be unfairly dismissed can be available from the moment an employment contract is agreed, employees often cannot pursue a complaint against an employer for an unfair dismissal unless they have been employed for at least 12 months if the employment started on or before 5 April 2012, or 24 months …
Can you be fired for stepping down?
Unfortunately they can let you go for good reason, bad reason or no reason, as they can also demote you AS LONG AS IT IS NOT a pretext for an actual VIOLATION OF PUBLIC POLICY, ie., discrimination (protected classes)…
What is a flawed investigation?
“Flawed” investigation means claim for unfair and wrongful dismissal upheld.
Can you increase a disciplinary sanction at appeal?
In McMillan v Airedale NHS Foundation Trust  IRLR 803 CA, the Court of Appeal held that an employer does not have the right to increase a disciplinary sanction on appeal unless it expressly provides for this in its disciplinary procedure.
What can cause a disciplinary hearing to be unfair?
This is usually brought about by a failure on the part of the employer to follow fair procedure, or a failure by the employer to follow his own disciplinary procedure. However, not all departures from a fair procedure would be so grave as to render the procedure unfair. In other words, certain errors might be permissible.
When do employers do not follow their disciplinary procedures?
Very often employers do not follow their disciplinary procedure when the employee in question does not have the requisite service to bring a claim ordinary unfair dismissal.
Can a employer take a disciplinary case to the High Court?
The above case is a warning to employers that: if they fail to apply the law applicable to disciplinary hearings they could be taken straight to the High Court. By lvan lsraelstam, Chief Executive of Labour Law Management Consulting.
What can I do if I appeal against a disciplinary decision?
Your employer should inform you of the outcome of your appeal in writing as soon as possible after the appeal hearing. What can you do if you are still unhappy with the decision? If you are still unhappy with the outcome of the disciplinary meeting, you might be able to make a claim to an employment tribunal.