Disciplinary Procedures

Your employment is subject among other things to satisfactory conduct and performance of your duties. The disciplinary policy provided to you by your employer is designed to help and encourage you to achieve and maintain appropriate standards of conduct, attendance and job performance.

The procedure should be designed to be fair to all and to ensure that everyone has a chance to put his/her side of the case when a disciplinary matter arises. Its intention is to resolve problems informally as far as possible without resort to formal sanctions. Disciplinary procedures generally do not form part of the contract of employment and are not contractually binding upon either you or your employer. However, there should be a company disciplinary policy in place that is readily accessible to you.

There are guidelines on disciplinary procedures set down by ACAS as follows:

  • Your employer should conduct a reasonable investigation which may involve meetings with you or collecting evidence. If you have been suspended, your period of suspension should be as brief as possible and your employer should make it clear that the suspension is not in itself a form of disciplinary action.
  • You should be informed in writing of any disciplinary issues. The letter should include the allegations of misconduct or poor performance and the possible consequences (including the risk of a dismissal where applicable). There should be enough detail for you to respond at a disciplinary hearing. Any written evidence used by your employer, including witness statements, should be provided to you with this letter.
  • Your employer should arrange a disciplinary meeting without unreasonable delay, whilst still ensuring that you have time to prepare for the meeting. The letter inviting you to a meeting should also include notification of your right to be accompanied either by a colleague or a trade union representative.
  • The meeting should be attended by all the relevant people, and both you and the employer should give advance notice of any witnesses you intend to call. At the hearing your employer should explain the allegations to you and go through the evidence. You should then be allowed to set out your defence to the allegations, as well as to ask questions and to present any other evidence you may have, including witnesses.
  • Your employer may decide to inform you of their decision at the hearing, but in any event, you should receive the decision in writing without unreasonable delay and you should be notified of your right to appeal. If misconduct or poor performance is established, a dismissal would only usually be appropriate if you have previously received a written warning and a final written warning. Gross misconduct can justify dismissal for a first offence, but the disciplinary procedure must still be followed.
  • Where the outcome is a written warning, the warning should set out the nature of the misconduct or poor performance, the improvement required with a timescale, how long the written warning will remain on file, and what the consequences would be of any further misconduct or failure to improve within that period.

If you decided to appeal, this should be in writing and should specify the grounds of your appeal. If you issue proceedings in an employment tribunal without appealing, your compensation award may be reduced. The appeal should be heard without delay, where possible by a manager who has not been previously involved. You should be notified of your right to be accompanied to the appeal hearing by a colleague or trade union representative.

The outcome of the appeal should be sent to you in writing without unreasonable delay.

Whilst the ACAS Code for disciplinary procedures is not legally binding, employment tribunals can increase your compensation by up to 25 per cent if your employer has ‘unreasonably’ failed to follow the Code, or reduce compensation by up to 25 per cent where you have ‘unreasonably’ failed to follow the Code.

If you would like assistance with a disciplinary process you are going through, or you simply want more information about your rights, Ashby Cohen can help you. We specialise in employment law cases, and our years of experience as employment lawyers make us uniquely qualified to assist you with any disciplinary issues you may have. Please contact us for an initial free consultation.

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