The process of taking disciplinary action against an employee can be stressful and time consuming for an employer. Yet such action may be necessary where an employee’s misconduct or poor performance fails to meet the requirements of the business.

No matter what the disciplinary issue, you must not only establish that you had good reason to take disciplinary action, but vitally demonstrate you engaged a procedurally fair process. Failure to do so, especially when dismissing an employee, could leave you exposed to a potential costly claim.

Our expert employment team can also advise you on the drafting of disciplinary procedures. Having the correct procedures in place can protect your business and minimise workplace unrest.

Following a fair disciplinary process

Although employers are no longer required to follow a statutory procedure when considering disciplinary action, a fair and reasonable procedure must be followed.

The ACAS Code of Practice provides clear guidelines on disciplining or dismissing an employee.

We would advise following a fair process by:

  • Carrying out a reasonable investigation of any allegations
  • Notifying an employee of a disciplinary hearing and reasons for the hearing in writing
  • Giving the employee time to prepare for a hearing
  • Informing the employee of their right to be accompanied
  • Allowing the employee at the hearing to respond to any allegations
  • Confirming any decision in writing including the employee’s right to appeal

Establishing a fair, clear and transparent process

Dealing with disciplinary issues consistently through a clear and transparent process reduces the risk of uncertainty and potential damage to the relationship an employer has with its employees.

In the event of an employee bringing an unfair dismissal claim, Employment Tribunals will consider whether you have followed a fair procedure. Procedural failure when undertaking disciplinary action can have serious financial consequences.

At LawforEmployers, we have extensive experience of advising on establishing a fair disciplinary process and drafting disciplinary procedures in line with the ACAS Code of Practice. Our specialist solicitors are also available to offer advice when implementing these procedures.

Having the correct procedures in place now can protect you against any future claims.

Contact us for expert disciplinary hearing advice

If you are bringing disciplinary action against an employee, our expert employment law team can help you.

We are always available to ensure that you have the correct procedures in place to protect you and your business.

To discover more on how we can help you, speak to one of our specialist solicitors by calling 01282 695 400. Or if you would prefer to arrange a call-back, simply complete our quick contact form and we will be in touch shortly.