If an employee is found to have committed misconduct (not gross misconduct), can an impose a sanction other than a warning or demotion?Posted in : First Tuesday Q&A NI on 1 June 2021
If an employee is found to have committed misconduct (not gross misconduct), can an impose a sanction other than a warning or demotion?
In general terms, the types of disciplinary sanction and the provisions governing how and in what circumstances they will be applied are decided by the employer and should be set out in the disciplinary policy / procedure. A graduated system of warnings is usually provided for in relation to first offences for which summary dismissal is not appropriate.
Generally, when it comes to deciding upon, and imposing, a disciplinary sanction employer is expected to:
- adopt procedures that are designed primarily to help and encourage employees to improve rather than
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