16 January 2015 / Shane Crawford

Issue: 7636 / Categories: Features , Disciplinary&grievance procedures , Employment

Back to basics

When can disciplinary procedures be instigated & what process applies? Shane Crawford reports

It is regularly assumed that if a disciplinary process exists, by virtue of a reference within the contract of employment, then an employer is entitled to implement it, if acting in good faith without rebuke.

Two recent cases have highlighted the importance of asking two basic questions before the commencement of a disciplinary process:

What disciplinary process is applicable according to the contract of employment?
When is it appropriate to implement the disciplinary procedure?

Davies v London Borough of Haringey [2014] EWCH 3393 (QB) emphasised the importance of close scrutiny of the contract of employment to determine which disciplinary process had effect and therefore, who had the power to suspend.

Mian v Coventry University [2014] EWCA Civ 1275 revisited the test for an employer’s decision to commence disciplinary proceedings.

Determining who has the power to discipline an employee

The High Court in Davies v London Borough of Haringey was faced with a challenge by a teacher to the

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Back to basics

When can disciplinary procedures be instigated & what process applies? Shane Crawford reports

Two recent cases have highlighted the importance of asking two basic questions before the commencement of a disciplinary process:

What disciplinary process is applicable according to the contract of employment?
When is it appropriate to implement the disciplinary procedure?

Mian v Coventry University [2014] EWCA Civ 1275 revisited the test for an employer’s decision to commence disciplinary proceedings.

Determining who has the power to discipline an employee

The High Court in Davies v London Borough of Haringey was faced with a challenge by a teacher to the

If you are not a subscriber, subscribe now to read this content

If you are already a subscriber sign in

...or Register for two weeks' free access to subscriber content

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Back to basics

Determining who has the power to discipline an employee

Determining who has the power to discipline an employee

MOVERS & SHAKERS

Bellevue Law—Lianne Craig

EIP—Rob Barker

Muckle LLP—Ryan Butler