What happens if an employee resigns during the disciplinary process?

If an employee is midway through a disciplinary process and suspects that dismissal is imminent, they may feel that resigning is their only option to save face and maintain their reputation. Whether it’s better to quit than be fired is open to debate. However, if reputation is the employee’s primary concern, leaving on their own […]

[4 min read] Employer tips | How to have a stress-free summer

summer challenges

We’re beginning to enjoy the start of the summer weather – but as an employer, you may be anxious about the chaos that this time of year can bring. Wedding season is approaching, there’s barbeques, parties and sporting events to keep us busy, and we’re all dusting off our suitcases for our next stint abroad. […]

Can disciplinary and police investigations run simultaneously?

disciplinary - police investigations

Your employee is accused of committing a work-related offence that necessitates police involvement. Do you as an employer have to wait until the police investigation has concluded before conducting your own disciplinary process? In a word, no. That’s according to the outcome of a recent case, in which the Court of Appeal ruled that waiting […]

Avoiding unconscious bias in disciplinary proceedings

non disclosure agreements

An interesting decision from the Employment Appeal Tribunal (EAT) has shown the importance of following correct procedures. The case in question has highlighted that failings in investigation and disciplinary proceedings can lead to a Tribunal finding that the reason for those failings were discriminatory – possibly on the basis of unconscious bias on the part of […]

EAT CASE | Right to be accompanied

employment tribunal

An Employment Appeal Tribunal (EAT) case has considered whether an employer should have postponed a disciplinary hearing. This was to allow the employee to bring her union representative when the requested postponement was beyond the five days laid down in the Employment Relations Act.  Workers have the right to be accompanied by a fellow worker […]

No shows to disciplinary meetings – An Employer’s Guide

health and safety advice

Imagine the situation. You have invited an employee to a disciplinary meeting. You have informed them of the date, time and place of the meeting and given them sufficient information about the alleged misconduct and possible consequences.   You have also given them copies of the evidence that will be discussed in the meeting and […]

Gross misconduct – an FAQ for employers

gross misconduct

When an employee commits an act of gross misconduct, employers will often not know what their next step should be. Can you do an Alan Sugar (i.e. point your finger towards the employee and ask them to leave immediately) if someone commits gross misconduct? Or do you need to have a follow a specific procedure? […]

Stop theft in your workplace!

retail health and safety

When we think of theft, what automatically springs to mind is someone stealing stock from the back room. But in the retail sector, theft can manifest itself in a variety of ways. It may be that an employee does not ring through transactions on the till, doesn’t give customers the correct change and pockets it […]

Resigning during the disciplinary procedure

HSE enforcement notices Investigation

Recent events have thrown up the question of what happens if an employee resigns in the midst of a disciplinary procedure. The press has gone wild with the story of former Oxfam Director, Roland van Hauwermeiren, who resigned from his post before the investigation into allegations of misconduct had ended. He went on to hold […]

How to handle appeals of disciplinary decisions

discipline

There are a number of key ingredients to a fair disciplinary procedure and the appeal is an important component which employers often forget about.  It’s important to handle employee misconduct with care and get the disciplinary procedure right to avoid pesky claims of unfair dismissal. So to mitigate the risks of claims of this kind, […]