Disciplinary Procedure

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Disciplinary procedures are covered by the Employment Act 2002 and the new three stage disciplinary procedures that every employer has to follow were introduced in October 2004.

It is a simple three stage disciplinary procedure that must be followed in most cases of dismissal.  Even if you think the disciplinary action will not lead to dismissal, it is still strongly advised to follow the three stage  procedure for all cases of disciplinary action regardless of the employees length of service.  If you need further advice or guidance, please contact us giving as much information as possible.  You can also click here to view our Training Courses for Disciplinary and Dismissal. 

Stage One – The Disciplinary Letter 

The employer sends a letter to the employee explaining the reasons for the disciplinary action and the date, time and place of the disciplinary hearing.  It must also inform the employee of the right to be represented.  If there is a chance that the disciplinary action may lead to dismissal, this must also be stated on the letter.  Any evidence set against the employee being disciplined, must be given in advance of the hearing.  If you need help with wording your letters, please do not hesitate to contact us. 

 

 

Stage Two – The Disciplinary Hearing 

Both the employer and the employee must take all reasonable steps to attend the disciplinary hearing.  If either party can not attend then a second date and time must be arranged. Witnesses should be present if requested.  After all the disciplinary issues have been discussed, a short adjournment must be taken.  The employer must then inform the employee of the outcome of the disciplinary hearing and given the right of appeal with details of who to appeal to and a time limit set.  This must be followed by a letter confirming these details.  If you would benefit from further advice on conducting a disciplinary hearing, please contact us giving as much information as possible.  A CIPD advisor will be happy to offer you guidance. 

 

 

Stage Three – The Disciplinary Appeal

The employee must inform the employer in writing that they wish to appeal against the decision of the disciplinary hearing within the time period allowed.  The employee has the right to representation.  The person holding the appeal meeting should be more senior than the person that held the disciplinary hearing.  The final outcome of the appeal should be communicated to the employee and confirmed in writing.  If you need advice on disciplinary appeals, please contact us. 

 

Simple Corporate Resource Solutions has had extensive experience in handling a wide range of disciplinary hearings and are well known for being fair and efficient.  If you need any further assistance with disciplinary issues such as examples of disciplinary letters, help to implement a disciplinary policy or assistance with conducting disciplinary hearings, please do not hesitate to contact us giving as much information as possible.  Our highly competent, CIPD qualified members of staff will assist in finding a simple solution to all your disciplinary needs in a very discreet manner.

Disclaimer:
While every care has been taken in compiling these guidelines, Simple Corporate Resource Solutions cannot be held responsible for any errors or omissions; the notes are not intended to be a substitute for specific legal advice.