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increased sanctions on appeal

22 July 2014

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.

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