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Employment – Disciplinary action

5th October 2016

Are you facing a Disciplinary at work and want to know your rights? Has your employer given you a warning about your conduct or poor performance?

Are you an employer who wishes to instigate disciplinary proceedings and require guidance on the process?

Whether an employer or employee, it is important that you are fully informed as to the correct procedure to be followed in relation to a Disciplinary. This requires consideration of both the company’s own Disciplinary procedure and the ACAS code of Practice.

Whilst failure to follow the ACAS code of Practice does not in itself render an employer liable, it can be taken into account by an employment tribunal in determining whether a dismissal was fair and the level of compensation to be awarded (with a potential for an increase of up to 25%).

In conducting the disciplinary various issues must be considered, to name but a few:

  1. Can the problem be dealt with informally?
  2. Has there been the necessary investigations to establish the facts of the case?
  3. Has notice of disciplinary action been given to the employee and does it provide sufficient information?
  4. Has the employee been advised of their right to be accompanied at the disciplinary meeting by a fellow worker, trade union representative or an official employed by the trade union?
  5. Has the meeting been conducted in compliance with the Code of conduct?
  6. Has the employee been informed of the outcome of the hearing in writing? Have they been informed of their right to appeal?
  7. Has a written warning been given to the employee following the outcome? Has it specified the improvements required and provided a time scale to work to?
  8. Is the behavior sufficient to justify a dismissal without warning?

If you are subject to a Disciplinary at work, or you are conducting a disciplinary investigation and require further advice contact Noor Khan on 020 7887 1943 or by email to Noor.Khan@berladgrahamllp.com