It is one of the requirements of written terms and conditions of employment is that they must set out the employer’s discipline & grievance procedures and rules. We can advise on these and draft the procedures for you.
There will also be occasions where it is deemed necessary for you to start disciplinary action against an employee due to misconduct or poor performance.
It is very important that the legal requirements are observed when disciplining an employee otherwise the employer could face employment tribunal proceedings and the prospect of paying compensation to the employee.
The Acas Code applies to dismissals for misconduct. Many of the principles in the Code are reflected in current case law.
Tribunals must take the Acas Code into account, where relevant, when deciding whether a dismissal is fair. However, a tribunal is not obliged to follow it to the letter, nor to specifically state in its decision that it has had regard to it.
According to the Acas Code, before dismissing for misconduct, an employer should:
- Investigate the issues.
- Inform the employee of the issues in writing.
- Conduct a disciplinary hearing or meeting with the employee.
- Inform the employee of the decision in writing.
- Give the employee a right of appeal.
The employee also has the right to be accompanied by a trade union representative or a work colleague.
For further information please contact our Employment Law Team on 0800 088 6280 or email firstname.lastname@example.org