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 NI
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

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

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 NI

The main content of this article was provided by Chris Fullerton. Contact telephone number is 028 9023 0007 or email

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