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Annie Hayes

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HR Tip: New evidence following disciplinary sanction

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These questions are being answered by Learn HR, a market leader in the provision of HR and payroll training and nationally-recognised professional qualifications.


Q: We dismissed an employee following a thorough investigation and properly conducted disciplinary hearing. All the evidence pointed to his guilt. Now however we have received new evidence that shows that he was innocent. How do we stand? What should we do?

A: Provided you carried out a thorough investigation, conducted a proper disciplinary interview and found against the employee on the balance of probability, then you are not in any way culpable. You did the best you could and no court will penalise you. So strictly speaking you have no obligation whatsoever towards the dismissed employee. However I suggest that the decent thing would be to explain everything to the employee and offer to re-engage him.

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Annie Hayes

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