Disciplinary and Grievance Matters in UK Law

Leading Cases
  • Johnson v Unisys Ltd
    • House of Lords
    • 22 Mar 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.

  • Skidmore v Dartford & Gravesham NHS Trust
    • Court of Appeal (Civil Division)
    • 15 Jan 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 Jul 2004

    An employee's remedy for unfair dismissal, whether actual or constructive, is the remedy provided by statute. 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 Mar 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 Mar 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 Nov 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.

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Legislation
  • Employment Act 2002
    • UK Non-devolved
    • January 01, 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 ......
  • The Employment (Northern Ireland) Order 2003
    • UK Non-devolved
    • January 01, 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 ......
  • 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 ......
  • 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 ......
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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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