Disciplinary Procedure

The HR wisdom is that a manager must hold a disciplinary meeting with an employee, even with allegations of gross misconduct, before deciding to dismiss.

This latest case from the EAT calls that into question, but it only succeeded because the employee was offered and accepted an appeal meeting. Failure to meet to discuss the allegations is risky, except where the employee is unable or unwilling to attend.  The meeting is not only fairer to the employee under natural justice but takes away one more element of risk in a fair dismissal, and the EAT decision may be appealed in due course.

For the specific facts of this case, Charalambous v National Bank of Greece.

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