Disciplinary and Grievance Matters in UK Law

Leading Cases
  • Janice Croft v Broadstairs & St Peter's Town Council/
    • Court of Appeal (Civil Division)
    • 15 April 2003

    That left the council in the position of employers who were entitled to expect ordinary robustness in the claimant in an employment context, including disciplinary matters, in which she had certainly never been involved before. Such a breakdown was not the reasonably foreseeable product of the conduct concerned, and therefore the council are entitled to succeed in the appeal.

  • Johnson v Unisys Ltd
    • House of Lords
    • 22 March 2001

  • Christou v Haringey London Borough Council
    • Court of Appeal (Civil Division)
    • 12 March 2013

    In the employment context the disciplinary power is conferred on the employer by reason of the hierarchical nature of the relationship. The purpose of the procedures is not to allow a body independent of the parties to determine a dispute between them. Typically it is to enable the employer to inform himself whether the employee has acted in breach of contract or in some other inappropriate way and if so, to determine how that should affect future relations between them.

  • Skidmore v Dartford & Gravesham NHS Trust
    • Court of Appeal (Civil Division)
    • 15 January 2002

    Thirdly, it is to my mind relevant that the allegations against the appellant raised issues which, at least to a degree, needed medical experience or expertise for their determination. Despite Mr Douglas' attempts to persuade us to the contrary, it seems to me that some medical experience was required to give proper consideration to that proffered explanation. The internal disciplinary procedure does not necessarily involve anyone with medical experience determining such an issue.

  • Eastwood v Magnox Electric Plc
    • House of Lords
    • 15 July 2004

  • Robertson v Bexley Community Centre
    • Court of Appeal (Civil Division)
    • 11 March 2003

    It is also of importance to note that the time limits are exercised strictly in employment and industrial cases. When tribunals consider their discretion to consider a claim out of time on just and equitable grounds there is no presumption that they should do so unless they can justify failure to exercise the discretion. A tribunal cannot hear a complaint unless the applicant convinces it that it is just and equitable to extend time.

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Legislation
  • Employment Act 2002
    • UK Non-devolved
    • January 01, 2002
    ... ... of employment”—(a) includes matters connected with an employee’s employment whether ... 18) (note about disciplinary rules and procedures) is amended as follows ... ...
  • Employment Rights Act 1996
    • UK Non-devolved
    • January 01, 1996
    ... ... F891worker for particulars of any of the matters specified in F890subsection (4) (d) (ii) to (iii) ... 8) ... 3: Note about disciplinary procedures and pensions ... (1) A statement ... the purpose of seeking redress of any grievance relating to his employment,and the manner in ... ...
  • The Employment (Northern Ireland) Order 2003
    • UK Non-devolved
    • January 01, 2003
    ... ... Pre-hearing reviews and preliminary matters ... Costs and allowances ... DISPUTE ... Ireland) Order 2003 (dismissal and disciplinary procedures) applies in relation to the ... GRIEVANCE PROCEDURES ... CHAPTER I ... STANDARD ... ...
  • Employment Relations Act 1999
    • UK Non-devolved
    • January 01, 1999
    ... ... of any written representations about matters raised at a meeting which he receives from the ... Disciplinary and grievance hearings ... 10: Right to be ... ...
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Books & Journal Articles
  • BOOKS RECEIVED
    • No. 45-4, December 2007
    • British Journal of Industrial Relations
    ... ... Employee Representation in Grievance and Disciplinary Matters — Making a Differ- ... ...
  • The Advisory Function of ACAS—A Preliminary Appraisal of In‐depth Work
    • No. 12-4, April 1983
    • Personnel Review
    • 26-36
    In carrying out its statutory advisory duties, the Advisory, Conciliation and Arbitration Service (ACAS) makes a broad operational distinction between the “advisory visits” and “in‐depth” work unde...
    ... ... on specific industrial rela-tions matters. This type of exercise will often follow from ... example, the ACAS single subject of "grievance, disciplinary, disputes and redundancy ... ...
  • Why Public Sector Workers Join Unions: An Attitude Survey of Workers in the Health Service and Local Government
    • No. 14-2, February 1992
    • Employee Relations
    • 39-54
    Reports a nationwide questionnaire survey of health service and local government union and non‐union workers in the same workplace carried out by NUPE to investigate what factors are influential in...
    ... ... believe that unions can actually improve matters for their members. In summary, this brief review ... advice and representation on disciplinary (72 per cent) and grievance (64 per cent) issues ... ...
  • Accompaniment, Workplace Representation and Disciplinary Outcomes in British Workplaces — Just a Formality?
    • No. 47-1, March 2009
    • British Journal of Industrial Relations
    The Workplace Employment Relations Survey 2004 provides data that, for the first time, measure the extent to which workforce representation is part and parcel of grievance and disciplinary processe...
    ... ... extent to which workforce representation is part and parcel of grievance and disciplinary processes in British workplaces. This article explores ... likely to take formal sanctions and instead opt to try to resolve matters informally. 114 British Journal of Industrial Relations © Blackwell ... ...
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Law Firm Commentaries
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Forms
  • T420)
    • HM Courts & Tribunals Service court and tribunal forms
    Includes the refund form for claimants.
    ... ... hear cases and make decisions on matters to do with employment ... such as unfair ... else to) a disciplinary or grievance hearing ... • For acting as a ... ...
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