Can a disciplinary sanction be increased as a result of an appeal hearing?
Posted in : First Tuesday Q&A NI on 4 September 2018 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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