Disciplinary Advice
Disciplinary Advice
When you are faced with a disciplinary at work it is always going to be a stressful experience. However, employment law has in place certain standards which have to be followed by both the employer and the employee during a disciplinary.
ACAS Rules
All parties involved have to follow the ACAS Code of Practice for Disciplinary and Grievance Procedures (Code of Practice). A link can be found to the Code of Practice on the right and we have outlined the main points of it on the factsheet entitled Code of Practice: Main Points.
Justice
All parties are subject to the rules of natural justice and these are expanded upon in the factsheet entitled the Concept of Natural Justice.
What you should do
It is always a good idea to prepare for a disciplinary hearing firstly by constructing your defence so that you can challenge whatever evidence the employer puts in front of you. It might also be useful to have an opening statement to present to your employer either a day before the hearing or at the beginning of the hearing. An example Opening Disciplinary Statement is available in the factsheets section for you to download if you need to. A factsheet outlining some of the leading cases around discipline at work gives some additional information around what the employer can and cannot do during a disciplinary at work.
Always appeal if you are not happy
After any disciplinary hearing the employee should be sent a letter informing them of the outcome of the hearing and any decision that has been made. The employee has the right to appeal and you should always appeal if you feel you were unfairly treated. We have an Appeal Letter example below for you to download if you need to.
Remember these very important main points:
- Your employer has to follow a disciplinary procedure.
- You have the right to have prior knowledge of the allegations against you. The allegations have to be specific and once made they cannot be changed or any new allegations cannot be added.
- You have to be given time to consider the allegations against you and any evidence the employer will use during the disciplinary hearing.
- Prepare your defence; challenge everything, present your own argument, get witness statements off people who agree with your side of the story, present whatever documents, letters or e-mails you have to support your case.
- You have the right to be accompanied to the meeting by a workplace colleague or trade union representative.
- Finally keep a record of everything: including a record of any conversations, telephone calls, e-mails, and letters, copies of any recording or transcripts, documents or anything else related to the disciplinary. Employment tribunal cases are won with evidence.
Of course if you have any questions or are unsure of anything please feel free to contact us via e-mail or telephone, we will be more than happy to help you.
FAQS
This depends on the severity of the issue and how the employer views the seriousness of what happened alongside your previous record. Generally speaking though if the misconduct is considered to be just misconduct then a verbal warning is usually given which sits on your record for 6 months. If the misconduct is considered to be serious-misconduct then a first/final written warning can be given which sits on your record for 12 months. If however, the conduct is considered to be gross-misconduct by your employer this could result a final written warning or in your dismissal. The sanctions vary depending on how the employer has dealt with similar situations in the past.
Yes you can but it has to be within a reasonable timeframe. Generally speaking you can ask your employer to reschedule the meeting for a week later.
Again you can ask your employer to reschedule for a week later or you could try to find different people to accompany you.
They can put and sum up your case, talk privately with the employee during the meeting, or respond to anything said at the meeting.
While the companion can answer questions for you, the employer has the right to insist the employee answers any questions.
And a companion can only do what you say they can do. They cannot get in the way of you presenting your case.
An employer can still take disciplinary action against you, but it needs to be handled sensitively.
They must take into consideration the nature of the illness - its seriousness, and whether it is stress or work related. Also, the employer should get your permission to ask your GP if you are well enough to attend a disciplinary meeting, or how long before you will be well enough to attend.
The employer may also want to consider consulting an occupational health provider.
If the illness is likely to be long term and the disciplinary matter is pressing, they may need to consider getting you to provide a written statement and asking you to nominate a representative to attend the meeting on your behalf.
Or, if the issue is work-related, the meeting could be held at a neutral location or at your home, you they agree.
But if the GP says you are not well enough and the disciplinary matter is not a major issue, the meeting may have to wait. It's a matter of striking a balance between how pressing the issue is and having consideration for your wellbeing and recovery.
If it is a short illness, the meeting should be held when you return to work.
You can ask your employer to arrange for a translator to be present during the meeting.
It depends on the disciplinary reason. If it is a capability related disciplinary, then it is accepted that the investigation officer can then also act as the disciplining officer. However, if the disciplinary is conduct related then, depending on the size of the employer, the investigation, the disciplinary meeting and subsequent appeal should all be separated and done by different people. However if your employer is a very small company then this will not be possible and that is recognised in law.