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The claimant was dismissed by reason of gross misconduct and in particular.
If a person reaches their contractual retirement age and the employer requires them to stay on for a particular reason, is it correct that only one fixed term contract can be issued?
We have caught two employees slacking at work. Can we run the disciplinary hearings together as one and must we give them the same penalty, assuming both are found guilty?
One of our employees committed an offence at work two days after a previous warning expired for a similar misdemeanour. Is it lawful to take the old warning into account? It’s only two days after the expiry of the warning but the hearing might not be able to be held for a couple of weeks, so it will really be 14-16 days after expiry before we can make any decision.
We have an employee who failed to attend a disciplinary hearing. May we proceed to consider the matter in his absence?
We have staff due to exit on voluntary redundancy. Some have written warnings in place for absence and other matters. If approached by future prospective employers, should we discuss or disclose these warnings or absence records or should we protect this information, given we would never disclose personal issues regarding existing employees?
We sent a letter to an employee inviting her to a disciplinary hearing. We received a sick note by return, citing ‘stress’. What can we lawfully do to get the hearing underway? We suspect she is trying to avoid the situation – there’s no history of stress on her record.
An employee has issued an appeal outside our time limits in the disciplinary procedure. May we reject his appeal on the ground that it is late or might this be held against us if he pursues a legal claim?
If an employee raises a grievance during a disciplinary process, which takes precedence, or might we run the matters concurrently?
If an employee asks to audio record a disciplinary hearing should we let them do so?
Can adjudicators draw inferences from a failure to respond to data subject access requests?