Lesson 3 – Employers Are Reminded to Suspend and Conduct Disciplinary Hearings with Foresight

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In the days of 2012 we have learnt suspensions are not to be knee jerk reactions, otherwise they could lead to breaches of trust and confidence between the parties. We have been reminded that where an employee faces losing a career, disciplinary procedures must be fair and thorough and evidence clear and cogent. We have also been advised to be cautious when involving the police. Only do so with a reasonable belief the misconduct could be regarded as criminal.

As for relying on previous warnings, this remains possible provided reference to such warnings is made within disciplinary correspondence. Taking dismissal decisions expressly in isolation of previous warnings but then later trying to rely on such warnings will not wash with a tribunal.

Carol – I heard the (alarm) bells on Christmas day

Crawford v Suffolk MHPT
Nejjary v Argmark Ltd

For more information, help or advice please contact Tim Davies on 0191 211 7927 or email [email protected].