Court of Appeal rules employers are entitled to impose higher disciplinary sanction on appeal
In McMillan v Airedale NHS Foundation Trust, the Court of Appeal held that employers may, in principle, increase a disciplinary sanction on appeal provided the risk of imposing a higher penalty is made clear and the employee is afforded a further right of appeal against any increase.
Miss McMillan had initially been given a final written warning. She appealed and her employer was considering increasing her disciplinary sanction to dismissal. The Court of Appeal held that it was impermissible for her employer to impose a higher penalty because its own procedure had not made clear to Miss McMillan that she risked a higher penalty if she chose to appeal, and also specifically stated she would not be allowed any further right of appeal.
The court held that would contravene both the ACAS Code of Conduct (particularly paragraphs 25–28) as well as the employer’s own code, which, the court held, provided an appeal mechanism for the benefit of employees, not the employer. However the court’s judgment is quite explicit that, in principle, an employer may increase a disciplinary penalty if it has an appropriately worded disciplinary procedure…
Click on the link below to read the rest of the Bates Wells Braithwaite briefing.
Sign in or Register to continue reading this article
It's quick, easy and free!
It takes just 5 minutes to register. Answer a few simple questions and once completed you’ll have instant access.Register now
Why register to The Lawyer
In-depth, expert analysis into the stories behind the headlines from our leading team of journalists.
Identify the major players and business opportunities within a particular region through our series of free, special reports.
Receive your pick of The Lawyer's daily and weekly email newsletters, tailored by practice area, region and job function.
More relevant to you
To continue providing the best analysis, insight and news across the legal market we are collecting some information about who you are, what you do and where you work to improve The Lawyer and make it more relevant to you.
News from Bates Wells Braithwaite
News from The Lawyer
Briefings from Bates Wells Braithwaite
BWB Briefing for Charities and Social Enterprises: press watchdog to be a charity; payment by results; and more
Also: People with Significant Control consultation; Scotland may extend FoI rules; and more.
Also: big increase in the duties required of construction clients; and more.