Disciplinary Rules and Procedure

Ensuring that your organisation has clear and effective disciplinary rules and procedures is essential for maintaining a fair, productive, and legally compliant workplace.

Key Steps in the Disciplinary Process

1. Establish Clear Rules: Define what constitutes misconduct and the consequences, from verbal warnings to dismissal.
2. Investigate: Conduct a fair and impartial investigation to gather facts about the alleged misconduct.
3. Hold a Disciplinary Hearing: 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.
4. Make a Decision: Based on the hearing, decide on the appropriate action and communicate this in writing, including the employee's right to appeal.
5. Appeal Process: If the employee appeals, hold a separate hearing, ideally with a different manager or impartial third party, and provide a final decision.
6. Record Keeping: 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.

1. Unfair Dismissal Claims: 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.
2. ACAS Code of Practice: 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.
3. ACAS Uplift: 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 We Can 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?

For more information about employment law advice, please contact us at contact@duttongregory.co.uk or contact Darren Tibble as head of our employment team.