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
-
Can we still dismiss an employee for an act of gross misconduct which took place several months ago?
Posted in: First Tuesday Q&A NI on 04 May 2021
-
In terms of “taking account of all the circumstances” before a dismissal for gross misconduct, what issues should we be considering?
Posted in: First Tuesday Q&A NI on 04 May 2021
-
Do we still need to consider alternatives to dismissal in disciplinary proceedings involving allegations of gross misconduct?
Posted in: First Tuesday Q&A NI on 04 May 2021
-
What factors should we be considering when determining whether an employee’s behaviour amounts to gross misconduct?
Posted in: First Tuesday Q&A NI on 04 May 2021
-
An employee has recently resigned in advance of a disciplinary hearing - can we continue with disciplinary proceedings?
Posted in: First Tuesday Q&A NI on 13 April 2021
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