Could you explain when ‘modified disciplinary procedures’ can be applied?Posted in : First Tuesday Q&A NI on 6 June 2016 Issues covered:
However, it is recognised that there may be some limited instances where, although an employer has dismissed an employee immediately without a meeting, a tribunal will, very exceptionally, find the dismissal to be fair.
To allow for these cases, there is a statutory modified procedure that must be followed by employers. The modified procedure will only apply in very rare cases of gross misconduct where an employer feels that it is justified to dismiss an employee immediately without notice or pay in lieu of notice.
In order to use the modified disciplinary procedure, it must be reasonable for the employer to dismiss the employee before inquiring into the circumstances in which the conduct
Already a subscriber?
Click here to login and access the full article.Log in now to read the full article
Don't miss out, start your free trial today!
Are you fully aware of the benefits of Legal-Island's Employment Law Update Service? We help hundreds of people like you understand how the latest changes in employment law impact on your business.
Help understand the ramifications of each important case from NI, GB and Europe
24/7 access to all the content in the Legal Island Vault for research case law and HR issues
Ensure your organisation’s policies and procedures are fully compliant with NI law
Receive free preliminary advice on workplace issues from the employment team at Worthingtons Solicitors
Back to Q&A's This article is correct at 06/06/2016
The information in this article is provided as part of Legal-Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.