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

    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.

  • R (Bennion) v Chief Constable of Merseyside
    • Court of Appeal (Civil Division)
    • 04 May 2001

    The immediate difference stems from the operational responsibilities of the office of Chief Constable. Notwithstanding his general interest in the outcome of every disciplinary hearing, Regulation 13.1 is unequivocal. It is normally appropriate, and thought to be in the best interests of the Force as a whole, for the Chief Constable to adjudicate in disciplinary matters.

  • 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

    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.

  • 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
    ...... . (a) includes matters connected with an employee's employment. whether ...Employment Act 2002 (dismissal and disciplinary procedures) applies in. relation to the ...employee of his final decision. 2 . Grievance procedures Part 2 . Grievance procedures . ......
  • Employment Relations Act 1999
    • UK Non-devolved
    • January 01, 1999
    ......about matters raised at a meeting which he receives from the .... . Disciplinary and grievance hearings . Disciplinary and ......
  • Employment Rights Act 1996
    • UK Non-devolved
    • January 01, 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
    • January 01, 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 ......
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Books & Journal Articles
  • BOOKS RECEIVED
    • Nbr. 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
    • Nbr. 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
    • Nbr. 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?
    • Nbr. 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
  • Making a claim to an employment tribunal (T420)
    • Court and tribunal forms
    Includes the refund form for claimants.
    ...... hear cases and make decisions on matters to do with employment. such as unfair dismissal, ...else to) a disciplinary" or grievance hearing. • For acting as a workers\xE2"......
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