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DISCIPLINARY PROCEDURES: How to ensure that fairness is not dismissed

30 October 2015  

In light of recent case law, Michelle Tudor explains how to avoid some of the main pitfalls when disciplining employees

Few employers have the time or resources to train their managers on how to follow a disciplinary procedure. It is a common scenario in any business that a manager, with little or no experience in dealing with employee misconduct, finds themselves at the helm of a disciplinary process. They have never had to investigate facts, balance evidence or decide on culpability, so they understandably draw on the help and guidance provided by their HR advisers. The recent case of Ramphal v Department for Transport [2015], however, calls into question the role that HR can play during a disciplinary procedure.

Additional Info

  • Case(s) Referenced:

    Ramphal v Department for Transport [2015] UKEAT/0352/14

    Stevens v University of Birmingham [2015] EWHC 2300

    Way v Spectrum Property Care Ltd [2015] EWCA Civ 381

Last modified on 26 October 2015