Summary
The dismissal of two employees connected to the Baby P case have been held to be fair despite the fact that the employees were originally given written warnings. The employees were subsequently subjected to second formal disciplinary proceedings for the same allegations and by new management, the result of which was their dismissal from the London Borough of Haringey.
Background
The relevant facts were as follows:
The Employment Appeal Tribunal’s (EAT) Decision
The EAT held that where there is a risk to a member of the public and this risk was clearly identified, an employer is entitled to bring a second disciplinary action.
Going Forward
Employers should not view this decision as the green light to re-discipline employees for instance, if they do not agree with a decision that a manager has already made.
The circumstances in which it may be held to be reasonable for an employer to change their view as to the appropriateness of a disciplinary sanction previously imposed and to embark on second disciplinary proceedings on the same facts are likely to be extremely rare.
This case was very unique and there appears to have been four drivers for the dismissals of the two employees involved including the actual conducts relied upon by Haringey, the death of Baby P, media pressure and political pressure.
In summary therefore there is no general concept of employers having two bites of the cherry in internal disciplinary proceedings. In this particular case however, it was held to be reasonable for Haringey to dismiss the two employees involved.
Rachael Jessop, Solicitor
Contact Information
+ 44 (0) 1604 871143
This update is for general guidance only and does not constitute definitive advice.
Summary
The dismissal of two employees connected to the Baby P case have been held to be fair despite the fact that the employees were originally given written warnings. The employees were subsequently subjected to second formal disciplinary proceedings for the same allegations and by new management, the result of which was their dismissal from the London Borough of Haringey.
Background
The relevant facts were as follows:
The Employment Appeal Tribunal’s (EAT) Decision
The EAT held that where there is a risk to a member of the public and this risk was clearly identified, an employer is entitled to bring a second disciplinary action.
Going Forward
Employers should not view this decision as the green light to re-discipline employees for instance, if they do not agree with a decision that a manager has already made.
The circumstances in which it may be held to be reasonable for an employer to change their view as to the appropriateness of a disciplinary sanction previously imposed and to embark on second disciplinary proceedings on the same facts are likely to be extremely rare.
This case was very unique and there appears to have been four drivers for the dismissals of the two employees involved including the actual conducts relied upon by Haringey, the death of Baby P, media pressure and political pressure.
In summary therefore there is no general concept of employers having two bites of the cherry in internal disciplinary proceedings. In this particular case however, it was held to be reasonable for Haringey to dismiss the two employees involved.
Rachael Jessop, Solicitor
Contact Information
+ 44 (0) 1604 871143
This update is for general guidance only and does not constitute definitive advice.