In Retirement Security Ltd v Wilson, the Employment Appeal Tribunal (EAT) held that the employer's "flawed" disciplinary investigation entitled the claimant to resign and successfully claim constructive dismissal. Following a disciplinary hearing, the Claimant was dismissed for Gross Misconduct. 12) Having the same person dealing with the whole of the disciplinary process. Whilst the employment tribunal will take into account the size and the resources available to the employer, a common failing found in tribunal claims is that the same individual is in charge of the disciplinary process, from the investigation through to the finish. I'm afraid the typical lawyer answer is that it's going to depend on the circumstances! Flawed Workplace Investigation Leads To Compensation For HR Consultant A recent decision of the Fair Work Commission is a reminder that flawed investigations can damage an employer’s defence of an unfair dismissal application. She was branch manager in Temple Bar and was in charge of the outlet with twenty staff. Disciplinary investigations are the foundation of any disciplinary proceedings. Disciplinary proceedings commenced and were carried out by a Ms Ashworth. Your employer must be procedurally fair during a disciplinary investigation.The case of Retirement Security Ltd v Miss A. Wilson illustrates the impact of a flawed disciplinary investigation on an unfair dismissal claim. Adenusi v London Underground Ltd ET/2201694/19 (0 other reports) Adenusi v London Underground Ltd ET/2201694/19. The decision is made by the investigating manager to move it to a disciplinary investigation and if the incident was serious an employee could be suspended without pay. Initially she worked as a waitress on a part-time basis and then moved to management level. disciplinary investigations | implied term of mutual trust and confidence | constructive dismissal. Unfair Dismissal and Flawed Procedures – Mistake Did Not Justify Dismissal. This case emphasises the need for all employers to be very thorough and careful when undertaking disciplinary investigations. News. Flawed disciplinary investigation leads to €30,000 payment. Disciplinary investigations: "Inherently flawed" process made dismissal unfair. The claimant commenced her employment with Pizza Express in August 1996. In Uddin v London Borough of Ealing [2020] the investigator withheld information from the disciplinary panel, leading to a finding of unfair dismissal by the Employment Appeal Tribunal (EAT)… Read more. Disciplinary investigations: Beware of the pitfalls Year Published: 2019 May 31. It is a basic premise of a fair disciplinary dismissal that it must have been preceded by a reasonable investigation. But what exactly is a reasonable investigation? 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