Tag
#disciplinary-procedure
17 cases tagged Disciplinary Procedure.
Constructive dismissal claim fails despite breach of trust: 5-month delay in resigning was fatal
An insurance broker who resigned 5 months after a flawed disciplinary hearing lost her constructive unfair dismissal claim because the tribunal found she did not resign in response to the breach of trust and confidence.
Restaurant manager's constructive dismissal and race discrimination claim rejected
A restaurant general manager who resigned after a disciplinary process and alleged race discrimination has lost his claims of constructive dismissal and race discrimination at the Leeds Employment Tribunal.
Security officer's constructive dismissal claim fails: minor pay errors and disciplinary process not a breach of trust
A security officer who resigned after a disciplinary process was started following a two-hour absence from her post has lost her constructive unfair dismissal claim. The tribunal found the employer's conduct, including minor pay issues and a request for an occupational health assessment, did not amount to a repudiatory breach of contract.
Healthcare consultant dismissed for gross misconduct after customer complaints: race discrimination claims rejected
A healthcare consultant with 6 years' service was fairly dismissed for gross misconduct following four customer complaints about his attitude. The tribunal also rejected his claims of race discrimination and victimisation.
Paramedic with 27 years' service dismissed for bullying: tribunal upholds decision
A London Ambulance Service paramedic who was dismissed for bullying colleagues after failing a mask fit test has lost her unfair dismissal claim. The tribunal found the employer's investigation was thorough and the decision reasonable.
Nurse given final warning over stair gate incident: race discrimination claim fails
A care home nurse who claimed race discrimination after receiving a final written warning for a fire safety breach has had his claim dismissed. The tribunal found no less favourable treatment compared to other staff.
Material Flow Manager loses constructive dismissal claim over misleading emails to employee
A Material Flow Manager who resigned after receiving a first written warning for misleading an employee about a promotion and back pay has lost his constructive unfair dismissal claim.
Constructive dismissal claim fails: no fundamental breach found after disciplinary and grievance process
An in-store service advisor with 15 years' service resigned claiming constructive unfair dismissal after a disciplinary warning and grievance process. The tribunal found no fundamental breach of trust and confidence, and the claim was dismissed.
Dismissed for causing injury to colleague: gross misconduct dismissal upheld
A commercial bodywork engineer who removed a piece of GRP without checking his surroundings, causing a colleague to suffer a fractured orbital bone, was fairly dismissed for gross misconduct. The tribunal found the employer acted reasonably.
Studio manager dismissed for issuing free sunbed sessions: employer's investigation held to be reasonable
A tribunal has dismissed an unfair dismissal claim from a studio manager with nine years' service who was sacked for gross misconduct after repeatedly giving free sunbed sessions without authorisation. The employer's investigation and decision were found to be within the range of reasonable responses.
Nurse who raised PPE concerns during pandemic wins whistleblowing detriment claim
A district nursing team leader who raised concerns about inadequate PPE and risk assessments during the COVID-19 pandemic has won her claim for detriment against Cardiff and Vale University Local Health Board. The tribunal found she was isolated from her team and her role was changed after making protected disclosures.
Subcontractor manager dismissed for failing to pass on penalty costs: unfair dismissal claim rejected
A subcontractor manager with four years' service was fairly dismissed for gross misconduct after failing to pass on penalty costs to subcontractors. Her claims for unfair dismissal, disability discrimination and failure to make reasonable adjustments were all rejected.
Refusing to wear PPE and follow safety instructions: gross misconduct dismissal upheld
A Process Improvement Leader who refused to wear face masks and glasses during the pandemic and behaved aggressively towards managers was fairly dismissed for gross misconduct, the tribunal ruled.
Constructive dismissal after flawed disciplinary process: victimisation over previous tribunal claim
An operations manager who previously brought a sex discrimination claim was victimised and constructively dismissed after a flawed disciplinary process. The tribunal found Crisis UK breached the implied term of trust and confidence.
Head of operations wins constructive dismissal after director chaired own appeal
A tribunal found that a small employer's failure to appoint an independent chair for disciplinary and appeal hearings amounted to a fundamental breach of trust, entitling the head of operations to resign and claim constructive unfair dismissal. A remedy hearing will determine compensation.
Demotion that triggered visa salary breach: dismissal for some other substantial reason upheld
A care coordinator lost her right to work after a demotion cut her salary below the sponsorship threshold. The tribunal held that the employer's decision to dismiss was fair.
Senior teaching assistant dismissed for gross misconduct: school's decision upheld
A 72-year-old senior teaching assistant was fairly dismissed after sending an all-staff email with confidential information, posting derogatory Facebook comments, and writing a book critical of the school. The tribunal rejected claims of age discrimination, whistleblowing, and trade union victimisation.