Disciplinary News


Employers may only exceptionally discipline an employee again for the same offence (based on the same facts)
Christou & Anor v London Borough of Haringey (Unfair Dismissal : Reasonableness of dismissal) [2012] UKEAT 0298_11_2505
Disciplinary panel members must avoid any appearence of bias or of being involved in judging their own case.
Kaur, R (on the application of) v Institute of Legal Executives Appeal Tribunal & Anor [2011] EWCA Civ 1168
The High Court issues guidance as to when contractual provisions are valid
Hussain v Surrey and Sussex Healthcare NHS Trust [2011] EWHC 1670 (QB)
Disciplinary processes must be conducted fairly and without undue delay
Lim v Royal Wolverhampton Hospitals NHS Trust [2011] EWHC 2178 (QB)
An employer's allegations must be spelled out. Euphemistic speech is not acceptable when disciplining or dismissing workers.
Celebi v Scolarest Compass Group UK & Ireland Ltd [2010] UKEAT 0032_10_2807
Where an employer is contemplating disciplinary action the thoroughness of the investigation needs to reflect the potential consequences to the worker
Salford Royal NHS Foundation Trust v Roldan [2010] EWCA Civ 522
There is a right to legal representation at a disciplinary meeting which might result in the loss of the right to practise a profession
G, R (on the application of) v X School & Ors [2010] EWCA Civ 1
Right to legal representation at internal disciplinary hearings under Article 6 of the European Convention on Human Rights
Kulkarni v Milton Keynes Hospital NHS Trust [2009] EWCA Civ 789

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