Pitfalls of the disciplinary process during lockdown

Even when offices re-open in the coming months, homeworking is likely to remain more prevalent than before the pandemic. Polly James and Catherine Turner discuss particular considerations when disciplinary procedures are conducted in a remote working context.

Polly James is a partner in the Investigations, Financial Regulation and White-Collar practice group, while Catherine Turner is a senior associate who specialises in complex, high-value employment litigation matters, at Bryan Cave Leighton Paisner. Contact them on polly.james@bclplaw.com and catherine.turner@bclplaw.com.

One of the new challenges of the pandemic is employers having to grapple with conducting disciplinary investigations and hearings in a virtual environment. When lockdown hit for the first time in March 2020, many employers decided to put a number of their internal processes on hold, disciplinaries included. There has always been a sense that disciplinaries are best conducted in person – to obtain a sense of credibility and to ensure appropriate support is offered to the alleged perpetrator and alleged victim. There was also the sense, at least in the initial stages, that the first lockdown was unique and individuals would be returning to the ‘norm’ within a few weeks.