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The claimant was dismissed by reason of gross misconduct and in particular.
Where underperformance involves a disability, how far do you have to go to try to get the person up to 'normal' performance?
How many chances do you have to give a persistent "offender" where disciplinary matters are concerned?
How long must we wait for an employee to participate in an Investigation where the he is providing medical certificates confirming too stressed to participate?
We recently had an employee whom we caught abusing our internet policy. We allowed him to resign rather than go through the disciplinary process, which we thought would inevitably lead to dismissal, given the seriousness of the wrong-doing and the strength of evidence. However, a HR colleague from another location said we have left our employer open to an unfair dismissal challenge. Could you please advise?
One of our employees has recently taken up a second job to help with his finances. This is having a detrimental effect on his performance level at work with us. What can we do about this?
What is the latest advice when it comes to disciplinary investigations? Is it best to separate the role of investigator from decision-maker at the disciplinary hearing? Our procedures are silent on this – are we likely to come unstuck at a tribunal of the person who carried out an investigation also convenes a formal meeting that might lead to dismissal etc?
Can previous history be taken into account when dismissing someone for gross misconduct?
Can an employer ask a medical adviser is an employee fit to attend a disciplinary hearing?
Is it necessary to disclose witness statements taken during misconduct/ bullying investigations (as opposed to post investigation if disciplinary arises)?
In a small organisation with few managers, what is the expectation about where appeals against a dismissal would go?