Please sign in with your existing account details.
Register to access exclusive content, sign up to receive our updates and personalise your experience on brownejacobson.com.
Privacy statement - Terms and conditions
Forgotten your password?
You have exceeded the maximum number of login attempts for this email address and your account has been locked. An email has been sent to member of Browne Jacobson's web team and some one will be contacting you over the next two working days with details of how to change your password.
Are you sure you want to remove this item from you pinned content?
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.
Care homes will need to take steps to assess the impact of these Regulations on their workforce.
View blog
This case offers particularly helpful guidance for employers when being faced with employees who are suspected of criminal wrongdoing, albeit care should always be given to ensure allegations are clearly defined and considered on their own merits.
The courts have long recognised that, on a societal level, women bear a greater burden of childcare responsibilities than men which can make it more difficult for women to comply with employer requirements for flexible working (known as the ‘childcare disparity’).
All EU citizens who were not residing in the UK by the end of December 2020 and want to live and work in the UK from 1 January 2021 must apply for a visa as a result of Brexit.
Partner
Select which mailings you would like to receive from us.
Sign up