The following Employment practice note provides comprehensive and up to date legal information covering:
Following a disciplinary investigation which leads to a recommendation that a disciplinary hearing be convened (see Advising managers: how to conduct a disciplinary investigation), the manager charged with conducting that hearing will prepare for it (see Advising managers: how to plan and prepare for a disciplinary hearing). The guidance for managers set out below explains how to conduct the hearing itself when the day arrives.
A well-implemented and conducted disciplinary procedure should enable a business to uphold expected standards of conduct, while at the same time promoting good employee relations. Conducting disciplinary hearings well is one important element of that procedure, and can help to achieve those goals.
The functional purpose of a disciplinary hearing is to evaluate and discuss the evidence gathered during the disciplinary investigation that preceded it, provide an opportunity for the employee to state his case, and ensure that a fair process is used to reach a decision about:
whether the available evidence sufficiently substantiates the allegations against the employee and, if so
what level of disciplinary action is appropriate taking into account all the circumstances including any extenuating factors, the employee’s length of service and previous disciplinary record
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Tipping off and prejudicing an investigationIt would undermine the benefit to the authorities if, a suspicious activity report (SAR) having been made, the alleged offender were to be made aware of the interest in their activities so that they could take steps to cover up their misdeeds or disappear.
What is quia timet relief?Injunctions are generally awarded where a party has already suffered a wrong. For guidance on injunctions generally, see Practice Note: Injunctions—guiding principles. However, an injunction may be sought before a party's rights have been infringed on the basis that they
Millett LJ subdivided types of constructive trust into two categories, distinguishing between:•the constructive trust proper, where equity intervenes to prevent the legal owner from unconscionably denying the beneficial interest of another (known as the institutional constructive trust)•the
For guidance on the basic features of the doctrine of estoppel and the different classifications it has been subject to, see Practice Note: Estoppel—what, when and how to plead and related content.Promissory estoppel—what is it?Where A has, by words or conduct, made to B a clear and unequivocal
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