Disciplinary Proceedings

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If you require assistance with disciplinary proceedings, then Blacks Solicitors’ Employment Law team can help.

Occasionally you may find it necessary to discipline an employee if you suspect that they have committed an act of misconduct or gross misconduct. As an employer, you must follow a fair and reasonable disciplinary process before imposing a disciplinary sanction.

In cases where the employee may be dismissed, you must follow the “ACAS Code of Practice 1 – Disciplinary and Grievance Procedure” (ACAS Code). Failure to follow the Code may see any compensation awarded to the employee increased by up to 25%.

If an employer doesn’t have a fair reason for dismissing an employee, or doesn’t follow a fair process, then it is open to the employee to bring a claim for unfair dismissal in the Employment Tribunal.

Most disciplinary processes will comprise:

  • An investigation
  • Suspension (where this is necessary)
  • A Disciplinary Hearing
  • Sanction/s (which may include dismissal)
  • An Appeal
  • An Appeal Meeting
  • Confirmation of dismissal/reinstatement/alternative sanction/s.

Employees have certain rights when being disciplined – such as the right to be accompanied to a Disciplinary Hearing by a work colleague or a trade union representative. However it is important to remember they don’t have this right at the investigative stage.

Where an employee has a complaint about you, or something affecting their employment, then they have the right to raise a Grievance. This is also governed by the ACAS Code. Ideally you should have a well-publicised grievance procedure.

 

If you need assistance with a disciplinary process, or would like to find out more about Blacks’ services, please email or call our Employment Law team today on 0113 207 0000 for a free no obligation discussion.