Disciplinary Proceedings

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If you are, or have been, subject to disciplinary proceedings then Blacks Solicitors’ expert Employment Law team can help.

Occasionally employers will find it necessary to discipline an employee if they suspect that the employee has committed an act of misconduct or gross misconduct. However, an employer must follow a fair and reasonable disciplinary process before imposing a disciplinary sanction.

In cases where the employee may be dismissed, the employer must follow the “ACAS Code of Practice 1 – Disciplinary and Grievance Procedures”. A 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
  • A suspension (where this is necessary)
  • A Disciplinary Hearing
  • A sanction (which may include dismissal)
  • An Appeal
  • An Appeal Meeting
  • Confirmation of dismissal/reinstatement/alternative sanction

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 an employee doesn’t have this right at the investigative stage.

Where an employee has a complaint about their employer, or something affecting their employment, then they have the right to raise a grievance. This process is also governed by the ACAS Code, but all employers should ideally have a well-publicised grievance procedure.

 

For more information about how we can help you, our employment law services, or for a free no obligation discussion, please email or call Blacks’ Employment Law team today on 0113 207 0000.