LRD guides and handbook June 2018

Disciplinary and grievance procedures - a guide for union reps

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Chapter 10

Effect of appeal on further disciplinary action

[ch 10: page 72]

Where an employee appeals against disciplinary action less than dismissal (such as a warning) and that appeal is still outstanding at the time of a later disciplinary hearing, the disciplinary sanction under appeal should be disregarded in the later disciplinary hearing. This is because that sanction could be overturned if the appeal is successful (Tower Hamlets Health Authority v Anthony [1989] IRLR 394).


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