Location: Northern Ireland
Rep.of Ireland
Location: Northern Ireland
Rep.of Ireland
Home / Articles First Tuesday Q&A NI

Can a disciplinary sanction be increased as a result of an appeal hearing?

Posted in : First Tuesday Q&A NI on 4 September 2018
Chris Fullerton
Arthur Cox
Issues covered:

This question was addressed by the Court of Appeal in England in McMillan v Airedale NHS Foundation Trust [2014] IRLR 803 CA. In this case, it was held that an employer does not have the right to increase a disciplinary sanction on appeal unless it has express provision to do so in its disciplinary policy. The Court of Appeal focused on the purpose of the right of appeal to protect the employee rather than to offer potential for an employee to suffer greater detriment.

It is important to remember that as an English decision, it is not legally binding in Northern Ireland. However, taking into consideration the guidance on disciplinary procedures published by the LRA which states: “An appeal

Already a subscriber?

Click here to login and access 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

Already a subscriber, now or Start my free trial today

Back to Q&A's This article is correct at 04/09/2018
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