Disciplinary Appeals

In an interesting decision the Court of Appeal has recently upheld the decision of the High Court to the effect that unless the disciplinary procedure in place allows it, an employer cannot increase the penalty imposed on an employee following a disciplinary appeal. I am not convinced that the increase of a penalty in such circumstances is ever a great idea and it does run contrary to the ACAS guidelines on disciplinary procedures but if this is a weapon that employers want in their armoury it is clearly important that they have a written disciplinary procedure which makes this completely clear.