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michael holly
michael holly, Solicitor
Category: Employment Law
Satisfied Customers: 6545
Experience:  Over 20 years experience of dealing with employment law matters and qualified mediator
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Following a grievance where the employer admits failings in

Customer Question

Following a grievance where the employer admits failings in supporting a member of staff that led to a mistake and then failings in managing the investigation appropriately. Can the employer re-investigate the incident and have a do-over at disciplining the staff member. This second attempt would be nearly 12 months after the incident.
Submitted: 4 years ago.
Category: Employment Law
Expert:  michael holly replied 4 years ago.

No

The parellels are that in criminal law a person cannot be tried for the same offence in relation to the same set of circumstances twice.

In civil law, which is the realm in which employment law sits, where a case has been heard by the court it is not possible to start a new case in relation to that matter. The new case would be thrown out for duplicity.

In this situation the only reason such a course could be justified would be if new evidence came to light that the employee had been involved in something that would warrant dismissal if it had been known about at the time, such as theft from the employer.The reason for this is that, in my example, the theft was not known about, not investigated , not adjudicated on and so constitutes a "new" situation.

I hope this helps. If I have missed something or you have further points please reply

Best wishes

Yours sincerely

Customer: replied 4 years ago.


Hi thanks for this, I wonder is there a reference or case that would support this. So that I may take this to my employer


 


Thanks

Expert:  michael holly replied 4 years ago.

Dear Neil

I will try to find some references for you and come back to you later today if that is ok. It may take a while to put together

Yours sincerely

Michael

Customer: replied 4 years ago.


ok Thank you

Expert:  michael holly replied 4 years ago.

Dear Neil

Will get back to you asap

Michael

Expert:  michael holly replied 4 years ago.

Dear Neil

There is a case in respect of disciplinary proceedings by employers so the criminal law is not particularly relevant but the authority is the Criminal Justice Act 2003 which only allows someone to be tried for the same offence twice where there is compelling new evidence such as a confession by the acquitted person

In employment law there is a case on this called Christou & Ward v. Harringey. The employees were social workers and the case involved the death of a baby so it was a serious case. The tribunal held that whilst the rule of double jeopardy does not exist as far as disciplinary proceedings were concerned a second hearing for the same thing would only be fair if new information came to light and the situation was very serious

Yours sincerely

Michael

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