Disciplinary Proceedings

Misconduct investigations and disciplinary procedures

A Court of Appeal decision appears to increase the burden on employers when they are conducting a misconduct investigation and disciplinary proceedings that could taint an employee's professional reputation. In this case, the court held that failures in a disciplinary process led to the unfair dismissal of two nurses accused of tying a patient to a chair.

Where a misconduct dismissal is likely to result in the loss of an individual's future career in their chosen profession, the investigation, disciplinary process and appeal carried out by the employer must be particularly fair and thorough, and the evidence of misconduct particularly clear.

This checklist sets out the key issues a business should consider when conducting a disciplinary procedure connected with misconduct or poor performance.

For further information please contact our Employment Law Team.

Contact us

O'Neill Patient Solicitors LLP
Chester House, 2 Chester Road, Hazel Grove,  Stockport, Cheshire, SK7 5NT


0161 694 3000 / 0161 483 8555




0844 576 2140 (we do not accept service by fax or email)