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Case Studies

Case Study: The Complete Solution
The Client
A small family-owned business that designs and installs technical solutions for industry had an issue with one of its employees but had never been through a disciplinary process before.

The Challenge
They sought advice from their solicitor, who suggested that they contact Cherington HR to assist them through a disciplinary process. Helen Astill of Cherington HR met with the Managing Director of the business and she guided him through the procedure by advising him during the hearing and helped him structure the minutes and resulting letters to reflect his decision. The employee had rejected a proposed settlement agreement and ultimately the Managing Director decided to dismiss the employee. However, the employee appealed against the outcome.

The Solution
At this point it was important to ensure that whoever dealt with an appeal had not been involved in the previous decision and given that the business was very small, it could not be dealt with internally. So Cherington HR sourced another HR consultant to hear the appeal completely independently. Meanwhile Helen provided advice to the client on the process that would be followed.

The Results
After careful consideration the appeal was upheld, but the employee wanted to take the matter to an employment tribunal. He had to go through the early conciliation process with Acas prior to submitting a claim. The Acas conciliator told the MD of the company that the procedures that had been followed, as advised by Cherington HR, were all in accordance with their Code of Practice. Consequently the matter was settled without any further payment being made to the former employee. The client was therefore very happy with the outcome.

Key words: Disciplinary; Appeal; Document Drafting; Additional Resources; Acas; Settlement Agreement; Solicitor


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