Q&As

In the course of a disciplinary appeal hearing, can the employer use a statement obtained from the employee's previous employer relating to disciplinary proceedings involving the employee that took place while the employee was still employed by their previous employer? If not, is there nevertheless a duty on the employer to disclose the statement to the employee so that they have an opportunity to respond to it?

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Produced in partnership with Peter Edwards of Devereux Chambers
Published on LexisPSL on 05/06/2020

The following Employment Q&A produced in partnership with Peter Edwards of Devereux Chambers provides comprehensive and up to date legal information covering:

  • In the course of a disciplinary appeal hearing, can the employer use a statement obtained from the employee's previous employer relating to disciplinary proceedings involving the employee that took place while the employee was still employed by their previous employer? If not, is there nevertheless a duty on the employer to disclose the statement to the employee so that they have an opportunity to respond to it?

In the course of a disciplinary appeal hearing, can the employer use a statement obtained from the employee's previous employer relating to disciplinary proceedings involving the employee that took place while the employee was still employed by their previous employer? If not, is there nevertheless a duty on the employer to disclose the statement to the employee so that they have an opportunity to respond to it?

There are two underlying general principles that are relevant when it comes to considering whether:

  1. an employer can rely on a statement obtained from the employee’s previous employer in the course of a disciplinary appeal process

  2. the employer is under a duty to disclose that statement

First, given the most relevant cause of action potentially available to an employee who is subject to disciplinary proceedings, namely, a claim of unfair dismissal pursuant to section 95 of the Employment Rights Act 1996, there are very few absolute rules. The test is whether the procedure adopted was fair and reasonable in the circumstances. It was clarified by the Court of Appeal in Whitbread plc v Hall that the test is whether the procedures adopted were in the

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