To take disciplinary proceedings against an employee, you should follow a fair procedure which can be time consuming.
Can we help?
- If you are an employer embarking on a disciplinary procedure, check out the information below, but also consider our effective disciplinary procedures service.
- If you are an employee, take a look at our workplace representation page after looking through the information below.
Before starting on any procedure:
- remember to check the employee’s contract and your company handbook and ensure that you act in accordance with the procedure set out there;
- read the ACAS code of practice on disciplinary and grievance procedures. The code should be followed in all cases where disciplinary procedures could result in a formal warning. Unreasonable failure to comply with the code (by either party to proceedings) may have financial consequences for the party who has failed to comply.
- you should act promptly; do not let misconduct proceedings drag on for weeks.
- if the employee has a disability which is in any way connected to the allegation (e.g. an employee with ME caught sleeping on the job), you need to consider the effect of the Equality Act. Please be careful with disability! The definition of “disability” is very wide, and you might not be aware that the employee has a disability.
Contact Ironmonger Curtis with Bell & Buxton Employment Solicitors for further information.