High Court Injunctions and Disciplinary Procedures: What HR Professionals Need to Know
Published on: 30/01/2025
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What is an injunction?

An injunction is a court order to compel a party to perform or to restrain a party from performing a particular action. An injunction may be sought by an employee to stop their employer from pursuing or continuing disciplinary proceedings against them. An employee seeking an injunction must establish a strong case that they will be successful at the trial of the action.

Why may an employee seek an injunction in a disciplinary process?

The most common reasons for an employee seeking an injunction in a disciplinary process are:

Suspension of the employee

A holding suspension, pending the investigation of a complaint, must not:

  • be imposed in a manner which unfairly affects an employee’s constitutional right

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Disclaimer The information in this article is provided as part of Legal Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article. This article is correct at 30/01/2025
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