The following Employment practice note provides comprehensive and up to date legal information covering:
In cases of apparent misconduct, the first stage is for a disciplinary investigation to be conducted. Once that is complete, the investigator will review the evidence.
The investigator will then decide whether the evidence sufficiently demonstrates that:
the employer has a clearly defined rule, policy, procedure or standard
that rule, policy, procedure or standard may have been breached by the employee, and
such a breach might, if shown to have occurred, be regarded by the employer as serious enough to warrant some form of disciplinary sanction (it would not normally be reasonable to proceed to a disciplinary hearing if, even at its highest, the misconduct alleged is clearly too trivial to warrant any form of disciplinary response)
If satisfied that that threshold has been met, the investigator will recommend that a disciplinary hearing be conducted in accordance with the employer's disciplinary and dismissal procedure.
For further information on the disciplinary investigation phase, see Advising managers: how to conduct a disciplinary investigation.
Proper planning and preparation for the disciplinary hearing should ensure that:
the right people are involved in the disciplinary hearing
the available relevant evidence and information is all present and correct
those involved in
**Trials are provided to all LexisPSL and LexisLibrary content, excluding Practice Compliance, Practice Management and Risk and Compliance, subscription packages are tailored to your specific needs. To discuss trialling these LexisPSL services please email customer service via our online form. Free trials are only available to individuals based in the UK. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
To view the latest version of this document and thousands of others like it, sign-in to LexisPSL or register for a free trial.
Existing user? Sign-in
Take a free trial
What is rescission of a contract?The remedy of rescission is available to a party whose consent, in entering into a contract, has been invalidated in some way:•the effect of rescinding a contract is to extinguish it and restore the parties to their pre-contractual positions•the main grounds of
When restructuring is considered rather than formal insolvency proceedings (see Practice Note: Benefits of restructuring over formal proceedings) the company may want to ensure that relevant creditors quickly enter a standstill agreement to gain some breathing space to consider a restructuring
BREXIT: As of exit day (31 January 2020), the UK is no longer an EU Member State. However, in accordance with the Withdrawal Agreement, the UK has entered an implementation period, during which it continues to be subject to EU law. This has an impact on this Practice Note. For further guidance on
Commercial Property Standard Enquiries (CPSEs) are industry standard pre-contract enquiries used in commercial property transactions. CPSEs are endorsed by the British Property Federation and are free to use. The CPSEs include specific environmental enquiries at enquiry 15 and there are several
0330 161 1234
To view our latest legal guidance content,sign-in to Lexis®PSL or register for a free trial.