This is an unusual case arising out of the tragic death of Baby P in 2007. Ms Ward was the social worker responsible for the care of Baby P. Ms Christou was her supervisor.
They were both given written warnings, the most serious penalty that could be issued under the Simplified Disciplinary Procedure adopted at the time by Haringey Council. Later on, there were concerns about the adequacy of that disciplinary process. New senior management believed there were more serious matters which had not been investigated and which justified separate disciplinary proceedings based on the same facts. So a second disciplinary hearing was held, following which both Ms Christou and Ms Ward were dismissed.
They claimed unfair dismissal on the basis that they had already received their sanction (the written warning) in relation to the disciplinary offence. The tribunal wasn't convinced and found against them.
Their appeal was rejected. The Employment Appeal Tribunal (EAT) held that Haringey had been entitled to launch second disciplinary proceedings when the view was taken that a simplified procedure and a written warning did not reflect the seriousness of the situation. Res judicata – the legal principle preventing people being tried more than once on the same facts – does not apply to internal proceedings, said the EAT.
So it's possible that an employee can be put through two disciplinary procedures for the same offence. In reality, though, this will be rare.
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