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The Court of Appeal yesterday handed down judgment on the ability of employers to increase a disciplinary sanction on appeal by an employee. The ability to increase a sanction will hinge on the content of the contract of employment and/or policy documentation. If employers wish to have the right to increase a sanction on appeal, they must make express provision for this in the disciplinary policy. Even then, where a final written warning is increased to a dismissal, there would be no right of appeal against that dismissal unless such a right was also built in to the policy.
The long and the short of it is; employers should be wary of increasing sanctions on appeal and should only do so where there is an express right in the policy. Where a sanction is increased on appeal, the employee should be granted a further right of appeal against that increased sanction.
The government has now announced further changes to the Job Support Scheme (now renamed the Job Support Scheme Open), with both the percentage of working hours and the employer contribution to unworked hours dropping.
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On 14 October 2020, The Restriction of Public Sector Exit Payments Regulations 2020 (the “Regulations”) were made into law and will come into force on 4 November 2020.
The extent of vicarious liability has been tested by the courts again and this time in relation to employees engaging in horseplay and practical jokes.
The Government has been firm that there will be no extension to the current Job Retention Scheme which is due to end on 31 October. However yesterday saw the announcement of the Job Support Scheme.
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