Employers considering a dismissal (or other disciplinary action) should assess whether or not holding a separate investigatory hearing is required in order for the procedure to be fair. A recent legal ruling confirms that such a hearing is only required if it would be reasonable to hold one in all the circumstances.
Discipline and grievance
Find out how to handle discipline and grievance issues at work with our selection of articles, books and online resources.
What's on this page?
- Legal Alert
- Acas guidance
- Online articles
- Useful links
- Articles and books in the Library collection
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Legal Alert is a monthly checklist from Atom Content Marketing highlighting new and pending laws, regulations, codes of practice and rulings that could have an impact on your business.
Case law: Employer arguing for reduction in unfair dismissal award on grounds of employee’s contributory fault need not prove gross misconduct by employee
Employers faced with an unfair dismissal claim may be able to argue any award made should be reduced on grounds the employee’s conduct leading to the dismissal was blameworthy or culpable – it need not satisfy the more stringent test that it was gross misconduct.
Case law: Settlement agreement with pregnant employee must specify statutory maternity pay otherwise not covered
Employers settling claims by pregnant employees who want the settlement agreement to cover statutory maternity pay (SMP) must expressly mention it in the agreement, otherwise it will not be covered and the employee will be able to claim it separately.
Disclaimer: These publications from Atom Content Marketing are for general guidance only, for businesses in the United Kingdom governed by the laws of England. Atom Content Marketing, expert contributors and ICAEW (as distributor) disclaim all liability for any errors or omissions.
The Library provides full text access to a selection of key business and reference eBooks from leading publishers. eBooks are available to logged-in ICAEW members, ACA students and other entitled users. If you are unable to access an eBook, please see our Help and support advice or contact email@example.com.
Dealing with grievances
This chapter looks at dealing with grievances and deals with grievance procedures, handling a grievance, bullying and harassment, appeals against grading and
Handling disciplinary issues
This chapter looks at disciplinary issues and deals with rules, procedures, hearings, disciplinary action and appeals against disciplinary action.
Dictionary of human resources and personnel management
Dictionary of terms used in Human Resources and personnel management. Also contains letter and policy document templates.
Advice, guidance and practical resources on a wide variety of recruitment topics for both employers and employees, produced by the Advisory, Conciliation and Arbitration Service, Acas. Acas is the employment relations service for England, Scotland and Wales offering practical, independent and impartial advice to employers, employees and their representatives.
Acas guidance for both employers and employees on workplace bullying and harassment
Acas step-by-step guide for all employers of all sizes on how to go about conducting a disciplinary investigation, from deciding whether an investigation is necessary through to submitting a report.
Acas advice for employers and employees on disciplinary procedures, covering common questions and answers. Includes a short video covering whether an employee can be disciplined or their employment terminated while on sick leave.
"Disciplining" adults is wrong
The article discusses the ineffective practice of punishing employees which cannot teach a new behavior or solve a problem. Topics covered include steps in progressive discipline policies, the need for an employee and the supervisor to work together in solving a problem, and an adult conversation system based on employee qualities of being cooperative, uncooperative, or disrespectful.
Disciplinaries and grievances
The article discusses areas of concern for human resource (HR) professionals, with emphasis on handling grievances and managing disciplinaries, and how to overcome these workplace problems. It points out potential problems of having inexperienced managers and suggests that managers' reactions to performance and conduct issues within their team should be objective. Also mentioned are having a clear policy on employee misconduct and setting a code of conduct to prevent bullying and harassment.
#AccountingToo: Sexual harassment all too common
The article reports on the trends of the sexual harassment incidents involving accounting professionals. Topics discussed include the various forms of harassment both in men and women such as inappropriate questions, innuendo or joke, the various factors contributing to less prevalence of the incident such as the work pressure, the size of the firm, and professionalism, and the concerns of women accountants on how their firms respond to the sexual misconduct in their firms.
Appeal to the Employment Tribunal
Information about how to apply to tribunals in the event of a dispute and what to do if taken to a tribunal.
Employment Appeal Tribunal (EAT)
The EAT hears appeals from decisions made by Employment Tribunals.
UK Employment Appeal Tribunal database
A searchable database containing full hearing judgments of the EAT which are transcribed or handed down by the Tribunal. Maintained by the British and Irish Legal Information Institute (BAILII).
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