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

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
Chris Fullerton
Arthur Cox NI
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.

Don't miss out, register 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 Register

Back to Q&A's This article is correct at 01/06/2021
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 NI

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