Employers 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 should I do if an allegation is made?

An employer should investigate any allegations, following which, a decision will be made as to whether disciplinary action should be taken.

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Should I suspend an employee?

Where an allegation of misconduct arises, suspending the employee should not be the default position. 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.

What if I fail to follow a correct procedure?

Failure to adhere to a correct procedure may result in a claim of unfair dismissal (in addition to any other relevant claim) and a percentage increase in the award where a claim is successful at an employment tribunal.

It is vitally important that an employer ensures that it adheres to a fair and reasonable procedure otherwise it may be at risk of a claim in respect of employment rights.

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Employers Disciplinary Procedures