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Disciplinary

The Acas code of practice on disciplinary and grievance procedures states that when dealing with a disciplinary situation, employers should: raise and deal with issues promptly and should not unreasonably delay meetings, decisions or confirmation of those decisions; act consistently; carry out any necessary investigations- to establish the facts of the case; inform employees of the basis of the problem and give them an opportunity to put their case forward before any decisions are made; permit employees to be accompanied at any formal disciplinary meeting; and allow employees to appeal against any formal decision made.

Although a failure to follow the code does not, in itself, make an employer liable to proceedings, employment tribunals will take the code into account when considering a relevant case, for example when determining the fairness or otherwise of an employer's decision to dismiss an employee.

An unreasonable failure to comply with a provision of the code may result in an adjustment of up to 25% in any compensation awarded. This may be up or down depending on which party is at fault.

Here you can find the latest news and guidance on issues surrounding the disciplinary process, including: disciplinary investigations, the right to be accompanied, penalties, warnings and appeals.

Disciplinary topics

Disciplinary procedures
The Acas code of practice

Investigations
Disciplinary proceedings
The right to be accompanied
Deciding on a penalty
Warnings
Disciplinary appeals


Disciplinary procedures
Which areas should be covered in a company's disciplinary rules?

Is there a minimum disciplinary procedure that employers must follow?

What are the pros and cons of making a disciplinary procedure contractual?


The Acas code of practice

What are the possible consequences of failing to follow the Acas code of practice on disciplinary and grievance procedures?

What are an employer's minimum obligations with regard to disciplinary rules and procedures?


Investigations
Will it always be necessary to hold an investigatory meeting with an employee suspected of misconduct?

Who should carry out an investigatory meeting with an employee suspected of misconduct?

If an employee is charged with, or convicted of, a work-related criminal offence, should the employer conduct its own investigation before taking disciplinary action?

For how long should an employee be suspended while a disciplinary investigation into alleged misconduct is carried out?

How can an employee challenge a decision to suspend him or her pending the outcome of a disciplinary investigation?


Disciplinary proceedings
Who should conduct a disciplinary meeting? 

Is an employee entitled to call witnesses at a disciplinary hearing?

Must an employer give an employee the chance to cross-examine witnesses at a disciplinary hearing?

If an employee's misconduct is the subject of a criminal investigation, can the employer continue internal disciplinary proceedings?

What should the employer do if new evidence emerges after the conclusion of a disciplinary investigation, before the disciplinary procedure has been completed?

Can an employer invite an employee to attend a disciplinary hearing when he or she is on sick leave?

If an employee resigns after disciplinary proceedings have been commenced should the employer continue the disciplinary procedure?


The right to be accompanied
Do workers have the right to be accompanied at disciplinary hearings?

What is a "reasonable" request by a worker to be accompanied at a disciplinary or grievance hearing?

What is the companion's role at a disciplinary or grievance hearing?

Who can be chosen as a companion at a disciplinary or grievance hearing?

Can an employer reject an employee’s choice of companion for a disciplinary or grievance hearing?

Is there any right to legal representation at a disciplinary hearing?

Is a fellow worker or trade union official obliged to accept a request to accompany a worker at a disciplinary or grievance hearing?

What redress is available if an employer fails to permit a worker to be accompanied at a disciplinary or grievance hearing?

Deciding on a penalty

Can an employer dismiss an employee for a one-off act of poor performance?

Can expired warnings be taken into account when deciding an appropriate penalty during subsequent disciplinary proceedings?

Is an employer obliged to impose the same disciplinary action where two employees break the same rule?

Is it permissible to dismiss an employee on the grounds of misconduct that occurred outside the workplace?


Warnings
For how long should warnings for poor performance remain "live"?

Is there a set number of warnings that an employer must give an employee prior to dismissal?

Where an employee is given a warning for a particular conduct issue, but then commits a different type of misconduct, can the employer move to the next stage of the disciplinary procedure to address that issue or must it start a separate procedure?

Is it acceptable to issue a formal warning to an employee whose level of attendance is unsatisfactory, even where there are genuine reasons for the various absences?

Can documentation relating to disciplinary warnings be retained after the warnings have expired?

When an employee is issued with a formal warning, should the employee be required to sign and return a copy of the warning letter?


Disciplinary appeals
Is there a set timescale for the lodging of appeals against disciplinary decisions?

On what grounds can an employee appeal a disciplinary decision?

Is an employee required to submit an appeal against a disciplinary decision in writing?

How should the employer respond if an employee appeals a disciplinary decision but does not set out the grounds for the appeal?

Is there a specific timescale for holding a disciplinary appeal hearing?

What options does an employer have where it upholds an appeal?

Can a disciplinary sanction be increased as a result of an appeal hearing?

 

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