Disciplinary Definition

GLOSSARY

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What does Disciplinary mean?

A disciplinary situation is a situation where breaches of rules or codes of behaviour or discipline are corrected or punished. Equally, where an employer's expectations about the way in which a job is to be performed, or its minimum standards, are not met, that may also give rise to a disciplinary situation in respect of the poor or inadequate performance that arises. Disciplinary situations therefore include misconduct or poor performance.

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Considerations and next steps for victims of fraud—checklist

Considerations and next steps for victims of fraud—checklist This Checklist is designed to assist individuals and companies who suspect they have been a victim of fraud. It considers the immediate steps they should take to gather and preserve evidence, obtain legal advice, mitigate and reduce risk and obtain emergency or urgent relief (such as freezing orders and insurance cover), including whether it is necessary to report a suspected fraud to the police and how to do so using the Action Fraud service. It also addresses the choice between issuing civil and criminal proceedings for fraud and explains the possibility of running a civil fraud claim in parallel with a criminal prosecution (private or public). This Checklist should be read in conjunction with the Practice Notes: • Starting a civil fraud claim—a practical guide • Civil fraud—heads of claim • Civil fraud—frequently asked questions (FAQ) • Commencing criminal proceedings—applying for the issue of a summons • Fraud—civil claim and private criminal prosecution compared For full guidance on fraud offence under criminal...

Perfecting security in real estate finance transactions—checklist

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The Pre-Action Protocol for the Resolution of Clinical Disputes—pre-6 April 2015 [Archived]

The Pre-Action Protocol for the Resolution of Clinical Disputes—pre-6 April 2015 [Archived] ARCHIVED: This Practice Note has been archived and is not maintained. Note: A new version of the protocol applies from 6 April 2015. For the post-6 April 2015 pre-action protocol, see Practice Note: The Pre-Action Protocol for the Resolution of Clinical Disputes—6 April 2015 onwards. The Clinical Disputes Protocol came into force on 26 April 1999. It arose from the Clinical Disputes Forum, a multi-disciplinary body formed in 1997 as a result of Lord Woolf’s Access to Justice inquiry. It is designed to encourage a climate of openness when something has gone wrong with a patient’s treatment or the patient is dissatisfied with medical treatment. It sets out a timed sequence of steps for patients and health care providers to follow when a dispute arises. It is designed to speed up the exchange of relevant information and increase the prospects of dispute resolution without resorting to legal action. The Clinical Disputes Protocol created a...

General Optical Council—fitness to practise proceedings

General Optical Council—fitness to practise proceedings Who is the General Optical Council (GOC) The General Optical Council (GOC) is a body corporate created by the Opticians Act 1989 (OA 1989) to have the general function of promoting high standards of professional education, conduct and performance with an over-arching objective of the protection of the public. The GOC role is to protect, promote and maintain: • the health, safety and well-being of the public • public confidence in the professions they regulate • professional standards and conduct for Registrants and prospective Registrants, and • proper standards and conduct for business Registrants This Practice Note provides a guide to GOC fitness to practise proceedings, investigations, and applications to be restored to the Register. The GOC regulates registered Optometrists as well as Dispensing Opticians. In this Practice Note a ‘Registrant’ is: • a registered Optometrist • dispensing Optician • student Optometrists, or • a Registered Business This Practice Note should be read in conjunction with Practice Notes: Common principles in fitness to practise...

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Tax evasion facilitation—post-training assessment questions

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Accounts procedures for fee earners and support staff 2011 [Archived]

Accounts procedures for fee earners and support staff 2011 [Archived] 1 This document sets out our [accounting OR finance] systems and controls for fee earners and support staff. 2 Basic principles 2.1 We have an overriding duty to protect client money and assets. 2.2 To ensure compliance with this duty and with the SRA Accounts Rules 2011 (the rules), all fee earners and support staff must comply with the systems and procedures set out in this document. 3 Accounts department 3.1 The [Accounts OR Finance] department is located at [insert location, eg office if you have more than one office or location within your office] and is led by [insert name and/or title], [who is also the firm’s Compliance Officer for Finance and Administration (COFA)]. 3.2 [insert any other information regarding the structure of your accounts departments, eg if you have different teams for different functions]. 4 Accounts system 4.1 We have a central accounting [and time recording] system called [insert name...

Dive into our 297 Precedents related to Disciplinary

If a lorry driver delivering goods is persuaded not to cross a picket line by employees engaged in lawful, peaceful picketing, and the lorry driver faces disciplinary sanction or dismissal from their own employer (who is not a party to the trade dispute) for refusing to cross the picket line to deliver the goods, are there any protections available to the lorry driver?

If a lorry driver delivering goods is persuaded not to cross a picket line by employees engaged in lawful, peaceful picketing, and the lorry driver faces disciplinary sanction or dismissal from their own employer (who is not a party to the trade dispute) for refusing to cross the picket line to deliver the goods, are there any protections available to the lorry driver? When it comes to statutory protections available to those engaged in industrial action or picketing: • statutory immunity is provided against liability in relation to economic or industrial torts for those involved in industrial action with their employer, which is done in contemplation or furtherance of a trade dispute (as defined), and which complies with specific balloting and notification conditions (see Practice Notes: The right to take industrial action and Balloting for and employer notification of industrial action) • protection against dismissal is potentially available for those participating in such industrial action (see Practice Note: Entitlement to claim unfair dismissal, particular the main section dealing...

Can a worker make a claim if he does not make a request to be accompanied to a disciplinary or grievance hearing because his employer has already told him he is not allowed to bring a companion?

Can a worker make a claim if he does not make a request to be accompanied to a disciplinary or grievance hearing because his employer has already told him he is not allowed to bring a companion? Any worker who is required or invited by his employer to attend a disciplinary or grievance hearing, and makes a reasonable request to be accompanied, has the right to be accompanied at that hearing. A worker may present a complaint to an employment tribunal that his employer has failed, or threatened to fail, to comply with provisions relating to: • the right to be accompanied • the companion's role, or • the right to postpone Therefore, a worker whose employer has told him that he is not allowed to bring a companion

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Employment weekly highlights—17 October 2024

This week’s edition of Employment weekly highlights includes: (1) a Private Members’ Bill transferring the functions of the Institute for Apprenticeships and Technical Education to the Secretary of State, ahead of its replacement by Skills England, (2) an analysis of the key changes to the Investment Associations updated Principles of Remuneration, (3) the government response to the consultation on seafarers’ wage regulations and guidance, together with the finalised Seafarer’s Wages Regulations 2024 and further regulations bringing the remaining provisions of the Seafarers’ Wages Act 2023 into force, (4) the new Office for Equality and Opportunity which replaces the Equality Hub, (5) a Private Members’ Bill that would amend the definition of still-birth to apply from 20 weeks into a pregnancy, (6) confirmation that HMRC will administer the new statutory neonatal care pay from April 2025, (7) the adoption of the Platform Work Directive by the Council of the EU, (8) the latest data from the Home Office register of licenced sponsors list, (9) the IRLR Highlights for November 2024, (10)...

The Employment Rights Bill

Employment analysis: On 10 October 2024, the government published the Employment Rights Bill 2024. The Bill sets out the rights and policies, previously set out by the Labour government in its ‘New Deal for Working People’ and in the Labour Manifesto, which it intends to introduce. The Bill is a broad piece of legislation which strengthens a number of existing working rights in addition to introducing some new rights and policies. This includes changes to zero hour contracts, fire and rehire practices, the unfair dismissal qualifying period, sick pay, parental leave, probationary periods, flexible working, protections for new mothers, industrial action and trade union recognition. This analysis contains an overview of the incoming legislation and commencement dates as well as a brief summary of each new right.

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