by
Ryan Clement
In our latest video, Dawn H. Jones, HR specialist and author, and I discuss how Employment Tribunals (ET) respond when employers fail to follow their own policies and procedures during disciplinary or grievance processes.
Tribunals expect employers-especially those with dedicated HR resources to act reasonably. Failing to follow established procedures often leads to harsh criticism from tribunals, as it suggests unfair or arbitrary decision-making (0:47-1:20).
The investigation is the foundation of any disciplinary process. It must be thorough and reasonable. Disciplinary officers should not feel their hands are tied by an investigator’s report; they have the power to challenge findings, request further evidence, or interview additional witnesses before reaching a decision (6:43-8:18).
Even if an action qualifies as gross misconduct, it is not an automatic dismissal. Employers must consider mitigation and ensure the decision-maker can justify their reasoning clearly (9:12-10:18).
Employees often feel traumatised during these processes. Employers should be specific when asking employees for their input, and it is helpful to offer adjournments to allow staff to decompress. Conversely, employees should ensure that any additional reflections or information are submitted in writing (e.g., via email) to ensure they become part of the formal record (10:31-12:45).
Ultimately, when a case reaches a tribunal, the decision-maker is responsible for justifying their actions. If they cannot explain how they reached their conclusion, the organisation is at significant risk (4:23-6:27).
See also, the first video in the series:
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