In a case relayed through employment law specialists Pinsent Mason I read that Sussex County Council failed to follow fair procedures and wrongly mislabeled a complaint as sexual in nature.
‘This case highlights the importance of a thorough, well-conducted disciplinary investigation whereby the fact-finding process is balanced and fair to both employees.
‘The case also shows that failures in this respect could not only lead to claims for unfair dismissal but could, in certain circumstances, also amount to discrimination.’
The ET has powers to make significant awards in successful unfair dismissal claims (with the maximum compensatory award being the lower of one year’s gross salary or £72,400) and even more significant awards in discrimination claims (where there is no compensatory award cap).
Need help with diversity?
With the world of equality, diversity and discrimination law changing so rapidly, the need for accurate, up-to-date and authoritative information and guidance is more important than ever.
Pinsent Mason are running a series of public courses during November 2013 on “Effective Investigations for Disciplinary Action”. This half day course will enable participants to conduct disciplinary investigations effectively, balancing the essential principles of fairness against the practical realities they face. The course will cover what is a reasonable investigation, obstacles to the investigation process, dealing with witnesses & what the paperwork should look like. The course costs just £199 + VAT to attend and a 3 for 2 discount is available. For more information and booking, click here.