Disciplinary Rules & Procedure
Disciplinary Procedures
Ensuring that your organisation has clear and effective disciplinary rules and procedures is essential for maintaining a fair, productive, and legally compliant workplace.
The Key Steps in the Disciplinary Process
Define what constitutes misconduct and the consequences, from verbal warnings to dismissal.
Conduct a fair and impartial investigation to gather facts about the alleged misconduct.
Notify the employee in writing, outlining the allegations and allowing them to present their side of the story. They have the right to be accompanied by a colleague or trade union representative.
Based on the hearing, decide on the appropriate action and communicate this in writing, including the employee’s right to appeal.
If the employee appeals, hold a separate hearing, ideally with a different manager or impartial third party, and provide a final decision.
Document all stages of the process, including the investigation, hearing, and final decision.
Consequences of Failing to Comply with Disciplinary Procedures
Failing to follow proper disciplinary procedures can have serious legal and financial consequences for your organisation.
If an employee is dismissed without following a fair disciplinary process, they may bring a claim for unfair dismissal. This could lead to significant compensation awards against your organisation.
The ACAS Code of Practice on Disciplinary and Grievance Procedures outlines the minimum standards employers should follow. While the Code itself is not legally binding, employment tribunals will take it into account when considering cases of unfair dismissal.
If an employment tribunal finds that you failed to follow the ACAS Code of Practice without a good reason, it can increase any compensation awarded to the employee by up to 25%.
How Can We Help?
At Dutton Gregory, we understand that dealing with disciplinary issues can be challenging and legally complex. Our team of experienced employment law solicitors is here to help you implement fair and effective disciplinary procedures that protect your organisation and comply with the law.
Policy Development: We can assist in drafting and reviewing disciplinary policies and procedures to ensure they are comprehensive, legally compliant, and tailored to your business needs.
Training and Support: We can provide training for managers on how to handle disciplinary issues correctly and fairly, reducing the risk of legal disputes.
Legal Advice and Representation: If a disciplinary issue arises, we can offer expert legal advice and representation to guide you through the process and protect your interests.
What Next?
Please contact us using the button below.
Contact Darren Tibble, Head of Employment.
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