When it comes to determining the appropriate sanction for an incident of misconduct, can an employer take into account a previous first written warning?
Posted in : First Tuesday Q&A NI on 6 November 2018
Chris Fullerton
Arthur Cox
When determining an appropriate sanction for an act of misconduct, employers should ensure that they are familiar with the LRA Code of Practice on Disciplinary and Grievance Procedures, which sets out the different sanctions available, from warnings right up to dismissal.
From a practical perspective, employers should:
- adopt procedures that will encourage employees to improve rather than punish employees;
- act with impartiality and consistency; and
- impose a sanction that is reasonable and proportionate in the circumstances, taking into account:
- any guidelines and/or examples in any disciplinary procedure about relevant types of misconduct and level of sanction;
- any mitigating factors
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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.
Chris Fullerton
Arthur Cox
The main content of this article was provided by Chris Fullerton. Contact telephone number is 028 9023 0007 or email Chris.Fullerton@arthurcox.com
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