Statutory Procedures
If, as an employer, you are unhappy about the work performance or conduct of an employee, disciplinary action may be necessary and if an employee is unhappy about how they are being treated they can raise a grievance.
The basic requirements of a disciplinary procedure should involve four stages:
- written notification
- hearing
- decision
- appeal
The outcome can involve:
- dismissal of the complaint
- an oral warning
- a written warning (first or final warning)
- summary dismissal (generally only appropriate where there has been gross misconduct)
- or another sanction which it is felt reasonable to impose for example a demotion
Often an employee who is told that they will be disciplined will raise a grievance and the two may be investigated and heard together. As far as possible the person making the disciplinary complaint should not be the person investigating it, though if you are a small business this may be difficult. A hearing and an appeal should take place promptly but an employee should be allowed time to prepare and has the right to be accompanied by a fellow employee or by a union official.
We can advise you on how best to:
- handle a disciplinary
- dismiss an employee
If it is not handled properly you could find yourself faced with a claim for unfair dismissal or even constructive dismissal.
Initial meeting £150 + VAT
Employment & Litigation
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