A comparison between government employees and private employees with a focus on disciplinary regulations, dismissal and their remedies : a case for a disciplinary regulations framework?

Abstract

The aim of this dissertation is to address the lacuna present regarding the situation of disciplinary regulations of private employees. In order to properly address this lacuna, a comparison between Government employees and private employees is made to view how different the two are when it comes to disciplinary regulations, dismissal and the remedies at their disposal, and how the situation can improve. Before comparing the two, this dissertation first addresses what ultimately is a Government employee and how he/she differs from other public employees, as well as the variations of contracts of private employees and the different rights and obligations each variation entails. The comparison between the situations of Government employees and private employees then highlights the stark discrepancies as regards to disciplinary regulations, the consequences it has on private employees, and how the Courts and Industrial Tribunal have addressed it. The position of English Law as regards to disciplinary regulations is also consulted. A solution is ultimately presented by taking inspiration from the said positions of the Courts and Industrial Tribunal, the Public Service Commission Disciplinary Regulations, and the English ACAS Code, as well as the advantages and disadvantages that such a solution would offer.