Disciplinary and Grievance Matters in UK Law
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Janice Croft v Broadstairs & St Peter's Town Council/
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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.
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Johnson v Unisys Ltd
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Section 1(1) of the 1996 Act provides that upon commencing employment, an employee shall be provided with "a written statement of particulars of employment". This includes, but is not limited to, the "terms and conditions" of employment concerning various matters, including "the length of notice which the employee is obliged to give and entitled to receive to terminate his contract of employment" (section 1(4)(e)).
Consistently with these provisions, Mr Johnson was written a letter of engagement which stated his salary and summarised the terms and conditions of his employment, including the notice period. Apart from the statement that in the event of gross misconduct, the company could terminate his employment without notice, it made no reference to disciplinary matters.
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Skidmore v Dartford & Gravesham NHS Trust
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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.
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Eastwood v Magnox Electric Plc
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The statutory code provides remedies for infringement of the statutory right not to be dismissed unfairly. If before his dismissal, whether actual or constructive, an employee has acquired a cause of action at law, for breach of contract or otherwise, that cause of action remains unimpaired by his subsequent unfair dismissal and the statutory rights flowing therefrom. By definition, in law such a cause of action exists independently of the dismissal.
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Robertson v Bexley Community Centre
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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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Fuller v London Borough of Brent
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The ET judgment must be read carefully to see if it has in fact correctly applied the law which it said was applicable. The reading of an ET decision must not, however, be so fussy that it produces pernickety critiques. Over-analysis of the reasoning process; being hypercritical of the way in which the decision is written; focusing too much on particular passages or turns of phrase to the neglect of the decision read in the round: those are all appellate weaknesses to avoid.
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Employment Rights Act 1996
... ... F909worker for particulars of any of the matters specified in F908subsection (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 ... ...
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The Employment (Northern Ireland) Order 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 ... ...
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Employment Rights (Northern Ireland) Order 1996
... ... to an employee, means the following matters taken as a whole— ... (a) his status as an ... S-35 ... Note about disciplinary procedures and pensions Note about disciplinary ... the purpose of seeking redress of any grievance relating to his employment, ... and the manner ... ...
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Employment Relations Act 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 RECEIVED
... ... Employee Representation in Grievance and Disciplinary Matters — Making a Differ- ... ...
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The Advisory Function of ACAS—A Preliminary Appraisal of In‐depth Work
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 ... ...
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Why Public Sector Workers Join Unions: An Attitude Survey of Workers in the Health Service and Local Government
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 ... ...
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Accompaniment, Workplace Representation and Disciplinary Outcomes in British Workplaces — Just a Formality?
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 ... ...
- Managing Disciplinary And Grievance Matters With A Remote Workforce (Video)
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UK Employment Law Update: Be Careful With Your Employment Procedures
This OnPoint reports on two recent UK employment law decisions which remind employers of the perils of failing to comply with appropriate procedures in relation to the conduct of disciplinary, grie...... ... in relation to the conduct of disciplinary, grievance and other matters ... Following ... ...
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New ACAS (Draft) Code On Disciplinary And Grievance Procedures - Changes From The Old Procedure
... ... Unlike the current procedures, the new Code provides greater ... flexibility for employers to deal with grievance and disciplinary ... matters. Rather than the current 'three step procedure', ... the Code, as an introduction, lists a number of elements that both ... employers and employees ... ...
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Employment Act 2008: Changes To Current Statutory And Grievance Procedures
... ... and replaced the statutory disciplinary and grievance procedures ... ("the Statutory Procedures"). The Code ... Employers must: ... investigate disciplinary and grievance matters promptly; ... where practicable, to appoint separate individuals to ... ...
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T420)
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 ... ...