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 Issues covered: Discipline and Grievance; Misconduct; Penalties for Misconduct
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
Already a subscriber?
Click here to login and access the full article.Log in now to read 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
More on Disciplinary & Grievance
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.