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
Already a subscriber?
Click here to login and access the full article.
Log in now to read the full articleDon'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
More from the First Tuesday Q&A
-
First Tuesday Q&A: Probationary Periods and Disciplinary Action
Posted in: First Tuesday Q&A NI on 06 June 2022
-
What is 'safe leave’ and what does this mean for employees who have experienced domestic abuse?
Posted in: First Tuesday Q&A NI on 03 May 2022
-
National minimum wage increased on 1 April 2022, what can happen if employees' wages are not increased?
Posted in: First Tuesday Q&A NI on 03 May 2022
-
If an employee requests voluntary redundancy is their employer still bound by dismissal procedures?
Posted in: First Tuesday Q&A NI on 03 May 2022
-
If an employee sends work-related documents to their solicitor, would this breach their confidentiality obligations?
Posted in: First Tuesday Q&A NI on 03 May 2022
Disclaimer:
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
View all articles by Chris Fullerton