Case law review - Increasing a disciplinary sanction upon appeal

Last month, the Court of Appeal (CA) addressed the question of whether an employer is able to increase the severity of a disciplinary sanction as part of the appeal process. In this case, the contract of employment was silent on the employer’s authority to increase a sanction on appeal. The CA found that a disciplinary procedure or contract would need to provide employers with an explicit and express right which allows the employer to reserve the right to increase a disciplinary sanction on appeal. The decision emphasises that an appeal is not for the benefit of an employer, nor is it an opportunity to continue the disciplinary process. This Case Law Review - Increasing a disciplinary sanction upon appeal.pdf Case Law Review - Increasing a disciplinary sanction upon appeal.pdf (PDF,96.4 KB) provides an overview of the case, the decision made by the CA and practical considerations for colleges. This, and other case law reviews are available to download from our case law review section of our website.