Disciplinary Procedure in UK Law
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West London Mental Health NHS Trust v Chhabra
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As a general rule it is not appropriate for the courts to intervene to remedy minor irregularities in the course of disciplinary proceedings between employer and employee — its role is not the "micromanagement" of such proceedings: Kulkarni v Milton Keynes Hospital NHS Foundation Trust [2010] ICR 101, para 22. Such intervention would produce unnecessary delay and expense.
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Johnson v Unisys Ltd
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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.
The whole disciplinary procedure is designed to ensure that an employee is not unfairly dismissed. So the question is whether the provisions about disciplinary procedure which (to use a neutral phrase) applied to Mr Johnson's employment were intended to operate within the scope of the law of unfair dismissal or whether they were intended also to be actionable at common law, giving rise to claims for damages in the ordinary courts.
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Dr Mahein Hussain v Surrey and Sussex Healthcare Nhs Trust
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There is no single test as to whether an employer and employee intended to agree that provisions of an agreement such as the Practitioners Disciplinary Procedure should be contractual between them (rather than advisory or hortatory or an expression of aspiration), and if so which provisions. The indicia that a provision is to be taken to have contractual status which are, I think, of some relevance to this case include these:
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Edwards v Chesterfield Royal Hospital NHS Foundation Trust
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The grant of injunctive or declaratory relief for an actual or threatened breach of contract would not jeopardise the coherence of our employment laws and would not be a recipe for chaos in the way that, as presaged by Lord Millett in Johnson, the recognition of parallel and inconsistent rights to seek compensation for unfair dismissal in the tribunal and damages in the courts would be.
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Kulkarni v Milton Keynes Hospital NHS Foundation Trust
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Indeed, for a trainee doctor, that is literally true as a doctor cannot complete his training in the private sector. Moreover, submitted Mr Hendy, it is highly likely that the system of 'alert letters' would be operated in this case if Dr Kulkarni were found guilty. An alert letter is a letter warning other NHS employers not to employ the doctor named, who is regarded as presenting an unacceptable risk to patients.
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R (G) v X School Governors & Y City Council
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But there is a serious risk that, if that course were to be adopted, disciplinary proceedings in the public sector would be turned into a process of litigation, with all the consequences as to expense and delay that that would involve. The burden that this would impose on employers, and its chilling effect on resort to the procedure for fear of its consequences, is not hard to imagine.
- Naval Disciplinary Courts (Procedure) Orders, 1958
- General Optical Council (Disciplinary Committee (Procedure) (Amendment) Rules) Order of Council 1998
- General Medical Council Disciplinary Committee (Procedure) (Amendment) Rules Order of Council 1978
- General Optical Council (Disciplinary Committee) (Procedure) Rules Order of Council 1985
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Disciplinary procedure: ‘The new regime’
This paper is confined to an overview on the disciplinary and appeal procedures contained in the Financial Services and Markets Act 2000. The paper will not deal with market abuse, civil remedies, ...
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Criminal procedures, preliminary references and judicial independence: A balancing act? Case C-564/19 IS
In Case C-564/19 IS, the Court of Justice of the European Union delivered a judgement on two significant issues of EU law. First, it clarified the obligations of Member States under Directive 2010/...... ... the provision oflinguistic assistance during the criminal procedure and the consequences of failure to adhere to them.Second, it ruled on the ... national measures where the referring judge is submitted toa disciplinary procedure for referring a question to the CJEU contrary to EU law. The ... ...
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Criminal procedures, preliminary references and judicial independence: A balancing act? Case C-564/19 IS
In Case C-564/19 IS, the Court of Justice of the European Union delivered a judgement on two significant issues of EU law. First, it clarified the obligations of Member States under Directive 2010/...... ... the provision oflinguistic assistance during the criminal procedure and the consequences of failure to adhere to them.Second, it ruled on the ... national measures where the referring judge is submitted toa disciplinary procedure for referring a question to the CJEU contrary to EU law. The ... ...
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A Model for a Fiscal Union? What Europe Can Learn from the German Experience
The euro has strengthened the economic differences between a more affluent north and a struggling south, which is the core problem of the current crisis in the euro zone. A potential solution to th...... ... have to rely on market-based regulatory instruments and the disciplinary function of inter- est rates, possibly culminating in a bankruptcy ... bailouts approximate a European monetary fund, the more this procedure can be imagined for ailing eurozone countries. Thus, the euro rescue fund ... ...
- Using A Disciplinary Procedure Instead Of An Agreed Performance Procedure Made A Dismissal Due To 'Poor Artistic Performance' Unfair
- Unfair Dismissal: Employer's Failure To Follow Its Own Informal Disciplinary Procedure Resulted In Constructive Dismissal
- New ACAS (Draft) Code On Disciplinary And Grievance Procedures - Changes From The Old Procedure
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How to Deal with Grievances During Disciplinary Procedures
Could UK Employers Risk an Unfair Dismissal Claim if They Do Not Pause the Process? One issue which can trouble HR professionals is how to deal with a grievance lodged by an employee during th...... ... Should the disciplinary procedure be put on hold until the grievance process is concluded? Will failing to pause the disciplinary procedure risk a subsequent dismissal being unfair? ... ...
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T400)
Upper Tribunal (Tax and Chancery Chamber) forms and guidance documents including the judicial review form.... ... The ... procedure is the same for both. The leaflet explains what will happen to a reference ... a wide range of disciplinary and regulatory matters such as authorisation and ... permission, penalties ... ...
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T420)
Includes the refund form for claimants.... ... as a court it must comply with rules of procedure and act independently ... Further help and advice ... Early Conciliation ... else to) a disciplinary or grievance hearing ... • For acting as a workers’ representative: ... ...