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27 November 2015 / Charles Pigott
Issue: 7678 / Categories: Features , Employment
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Whose decision is it anyway?

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Less emphasis should be placed on the state of mind of an individual decision maker in cases of unfair dismissal, says Charles Pigott

It has always been regarded as a key ingredient of procedural fairness that the decision to dismiss must be that of the dismissing officer, not least because the employee should be given the opportunity to influence the final decision at the disciplinary hearing. It is also accepted that managers making disciplinary decisions frequently need to take advice, whether from their internal human resources (HR) department or from external experts. But at what point does legitimate advice stray into unjustified interference with the decision-making process?

This issue is not addressed directly in the ACAS Code of Practice on Disciplinary and Grievance Procedures. The more extensive ACAS Guide on Discipline and Grievances at Work includes only two mentions. It recommends that if guidance is needed advice should be sought from someone who will not be involved in any potential appeal or from the ACAS helpline. Later on it has a small section on the use of external consultants, counselling that if they

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MOVERS & SHAKERS

Gateley Legal—Jack Kelly

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Gibson Dunn—Richard Surtees

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Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

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Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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