Disciplinary and Grievance Matters in UK Law

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

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

  • Robertson v Bexley Community Centre
    • Court of Appeal (Civil Division)
    • 11 Marzo 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.

  • Fuller v London Borough of Brent
    • Court of Appeal (Civil Division)
    • 15 Marzo 2010

    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.

  • R v Chief Constable of the Merseyside Police, ex parte Calveley
    • Court of Appeal (Civil Division)
    • 27 Noviembre 1985

    In the light of these passages from the two earlier cases and bearing in mind that we are considering an exception to a general rule, I think that one must guard against granting judicial review in cases where there is an alternative appeal route, merely because it may be more effective and convenient to do so. In both the cases to which I have referred it is clear that the challenged decisions were in truth ones which had been made without jurisdiction or in consequence of an error of law.

  • Graham v The Secretary of State for Work and Pensions (Jobcentre Plus)
    • Court of Appeal (Civil Division)
    • 05 Julio 2012

    If the answer to each of those questions is "yes", the ET must then decide on the reasonableness of the response by the employer. In performing the latter exercise, the ET must consider, by the objective standards of the hypothetical reasonable employer, rather than by reference to the ET's own subjective views, whether the employer has acted within a "band or range of reasonable responses" to the particular misconduct found of the particular employee.

  • Law v National Greyhound Racing Club Ltd
    • Court of Appeal (Civil Division)
    • 29 Julio 1983

    Accordingly, in my view, the authority of the Stewards to suspend the licence of the plaintiff derives wholly from a contract between him and the defendants. I see nothing to suggest that the defendants have rights or duties relating to members of the public as such. What the defendants do in relation to the control of greyhound racing may affect the public, or a section of it, but the defendants' powers in relation to the matters with which this case is concerned are contractual.

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Legislation
  • Employment Act 2002
    • UK Non-devolved
    • 1 de Enero de 2002
    ...... . (a) includes matters connected with an employee's employment. whether ...purposes. S-32 . Complaints about grievances 32 Complaints about grievances . (1) This ...Employment Act 2002 (dismissal and disciplinary procedures) applies in. relation to the ......
  • Employment Rights Act 1996
    • UK Non-devolved
    • 1 de Enero de 1996
    ......particulars of any of the matters specified in subsection (4)(d)(ii). and (iii) of ... S-3 . Note about disciplinary procedures and pensions. 3 Note about ...seeking redress of any grievance relating to his employment,. and the manner in ......
  • The Transfer of Undertakings (Protection of Employment) Regulations 2006
    • UK Non-devolved
    • 1 de Enero de 2006
    ...... (i) disciplinary procedure taken against an employee; . (ii) ... transferee which is attributable to the matters complained of; and . (b) (b) the terms of any ......
  • The Employment (Northern Ireland) Order 2003
    • UK Non-devolved
    • 1 de Enero de 2003
    ....... Pre-hearing reviews and preliminary matters . . . 14. . Costs and allowances . . PART ... . . 19. . Complaints about grievances: industrial tribunals . . . 20. . Complaints ... Ireland) Order 2003 (dismissal and disciplinary procedures) applies in relation to the ......
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Books & Journal Articles
  • BOOKS RECEIVED
    • Núm. 45-4, Diciembre 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
    • Núm. 12-4, Abril 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
    • Núm. 14-2, Febrero 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?
    • Núm. 47-1, Marzo 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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