The Employers Right To Increase Punishment When An Employee Appeals A Disciplinary

The Employers Right To Increase Punishment When An Employee Appeals A Disciplinary

A useful reminder from the court of appeal came out this week about an employer’s right, when an employee appeals a disciplinary sanction, to increase the punishment.
 
The rule, set out by the Court of Appeal, is that unless the employer’s disciplinary policy actually sets out the employer’s right in this regard, then an increase of award should not happen.  They reasoned that an employee could appeal a final warning, be dismissed and have no further right of appeal. That would breach the ACAS Code.
 
If this is a right you want to have, you need to write it into your policy, and allow an extra appeal level if you increase the sanction.
 
It’s an interesting case involving a doctor and an injunction, but the kernel of the appeal point can be read at the following link:
http://www.bailii.org/ew/cases/EWCA/Civ/2014/1031.html

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