Tag Archives: disciplinary

Singapore: the meaning of serious misconduct

Employment contracts often provide that employees may be dismissed without notice or payment in lieu of notice for 'serious misconduct'. However, what constitutes 'serious misconduct' is not always clear. The recent decision of the Court of Appeal of Singapore in … Continue reading

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Filed under Contracts of employment, Jurisdiction: Asia, Termination of employment

UK: Discipline – gross negligence can be gross misconduct justifying dismissal without notice in some circumstances

Employers may be entitled to summarily dismiss an employee for a grossly negligent failure to act, for example where the employee is senior and fails to uphold a key policy of the employer.

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Filed under Jurisdiction: UK, Termination of employment

UK: Disciplinary policies – employers should review provisions on expiry of warnings

Employers may wish to review their disciplinary and capability policies, in particular whether and when warnings are stated to expire and in what circumstances expired warnings can be taken into account. In Stratford v Auto Trail VR Ltd, the EAT … Continue reading

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Filed under Jurisdiction: UK, Termination of employment

UK: Unfair dismissal – broad investigation may be required where credibility of serious allegations at issue

Where an employer is contemplating dismissal for gross misconduct on the basis of disputed and uncorroborated evidence, fairness may require it to carry out a broad investigation, including into evidence that goes to credibility.

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Filed under Jurisdiction: UK, Termination of employment

UK: Unfair dismissal – reliance on inappropriate final warning could render dismissal for gross misconduct unfair

In Bandara v British Broadcasting Corporation, an employer dismissed an employee in reliance on both recent gross misconduct and a prior final written warning which the tribunal found to have been ‘manifestly inappropriate’.

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Filed under Jurisdiction: UK, Termination of employment

Hong Kong: Is it time to refresh your disciplinary procedure?

When was the last time you looked at your organisation's disciplinary procedures? Is it time for a refresh? Earlier this year, a decision of the Court of First Instance of Hong Kong ("CFI") caused many HR professionals to reassess their … Continue reading

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Filed under Jurisdiction: Asia, Termination of employment

UK: Subject access requests – employer’s refusal to comply contributed to unfair dismissal

Refusing to comply with a subject access request may contribute to the unfairness of a subsequent dismissal, where the tribunal considers that the refusal materially impairs the employee's ability to defend themselves in disciplinary proceedings. In McWilliams v Citibank, the … Continue reading

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Filed under Data protection, Jurisdiction: UK, Termination of employment

UK: Limits to HR role in disciplinary investigations confirmed

Following the decision in Ramphal, a further EAT ruling has reiterated the importance of confining HR's role in disciplinary proceedings to one of advice on legal questions and process, and of ensuring that the conclusions in any investigatory report include … Continue reading

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Filed under Jurisdiction: UK, Termination of employment

UK: Acas Code only applies to dismissals with element of employee culpability

Employers who unreasonably fail to follow the Acas Code of Practice on Disciplinary and Grievance Procedures, where it applies to a dismissal, face the risk of an uplift to compensation for unfair dismissal by up to 25%.  A lack of clarity as to when … Continue reading

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Filed under Jurisdiction: UK, Termination of employment

UK: Discipline – raising non-urgent or trivial concerns while an employee is on stress-related sick leave may amount to constructive dismissal

Employers should consider carefully whether it is necessary to raise disciplinary concerns with an employee while they are absent on stress-related sick leave, or whether they could defer doing so until the employee's return. Raising concerns which are not serious … Continue reading

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Filed under Jurisdiction: UK, Termination of employment