The new protected settlement discussion regime came into effect on 29 July 2013. Unless there has been 'improper behaviour', termination discussions
Revised guidance from the UK Border Agency on the prevention of illegal working and the document checks required of employers.
Three recent decisions clarify a number of points concerning disciplinaries.
An employer may be able fairly to hold a disciplinary hearing and dismiss an employee for refusing to comply with a reasonable instruction without first hearing the employee's related grievance appeal challenging the instruction.
An employer who has started an informal process appropriate only for less serious misconduct will need new evidence of more serious issues before it will be fair for it to stop that process and instead dismiss under a formal disciplinary procedure.