Latest Information

Disciplinary Policies May Be Unfair

12/04/2010

Dismissals for actions identified as minor in disciplinary policies may be unfair.

A recent Court of Appeal case has warned that employers who have disciplinary policies which detail specific sanctions for various types of misconduct may result in the Tribunal drawing its own conclusions as to the employer’s view of the misconduct.

If the employer goes on to treat the misconduct as being more serious than the policy specifies it is, for example by dismissing rather than giving a written warning, the Tribunal may find that this falls outside of the band of reasonable responses resulting in the dismissal being unfair.

To avoid this finding an employer will have to produce evidence as to what happened after the policy was implemented to justify the change in response.

This case is a stark warning to employers and we strongly recommend that employers review disciplinary policies on a regular basis. Should you require any further information or assistance with amending your existing policies please contact John Hassells on 01204 527777.

If you require advice or assistance in respect of the above or any other employment matter, please contact John Hassells, Head of Employment on 01204 527777.

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