Employees Disciplinary Procedures
Employers should have written disciplinary rules and procedures which address employee performance and conduct.
Why is a disciplinary procedure important?
A disciplinary procedure will outline what constitutes unacceptable behaviour in the workplace and what action can be taken if the rules are broken. The procedure should be in writing, clearly communicated and accessible. It is good practice for the disciplinary process to be in line with the ACAS (Advisory, Conciliation and Arbitration Service) Code of Practice on Disciplinary Procedures.
What might be included in the disciplinary procedure?
The disciplinary procedure should outline the steps that should be taken through to conclusion. This would include, for example, details on the right to be accompanied and a right of appeal if the employee is unhappy with the outcome decision.
What is likely to happen if an allegation is made against me?
An employer should investigate any allegations which are raised before making a decision as to whether disciplinary action should be taken.
There is a possibility that an employee could be suspended pending the investigation outcome. Suspension should not be the default position and consideration should be given to the seriousness of the misconduct, whether summary dismissal (without notice) could be justified, the risk of further problems if there is no suspension and the potential interference with the investigation where they are not excluded. Where suspension takes place, an employer may seek to impose temporary restrictions, for example, an exclusion from the workplace or not to contact customers, clients or work colleagues.
What if I have been dismissed?
The disciplinary procedure should provide for a right of appeal against the decision to dismiss with details as to how and when an appeal should be submitted. If the appeal outcome is unsuccessful, there could be grounds to pursue a claim of unfair dismissal (in addition to any other relevant claim) and a percentage increase in an award where the procedure is incorrect if a claim is successful at an employment tribunal. There are strict timeframes for issuing claims.