Employment & HR - colourful people chain image

Knowing your procedural steps and following them promptly

It is extremely important that employers deal with matters promptly and that there is no undue delay of any disciplinary or grievance procedure. In the case of Flexman v BG International Limited (2012) ET, the employer’s delay in concluding the disciplinary process and protracting the matter for over 6 weeks was held by the Tribunal to amount to a fundamental breach of the implied term of mutual trust and confidence between the company and the employee.

This enabled the employee to resign with immediate effect and claim constructive unfair dismissal, triggering unfair dismissal compensation. Failing to deal with matters promptly is also in breach of the ACAS Code of Practice and this can result in any compensation awarded to an employee being increased by up to 25%.