Disciplinary Action - Advice For Employers
Taking disciplinary action against employees can be very difficult to manage from an HR perspective. In the current times of economic instability, and where the numbers of employers being taken to employment tribunal are on the increase, it is even more difficult for business owners or Directors.
Nevertheless, disciplinary action is an important process for employers and employees as it can encourage the maintenance and achievement of minimum standards - including standards of attendance, performance and conduct.
Employers need to ensure that correct and fair disciplinary procedures are followed to protect themselves against having any claims of unfair dismissal, constructive unfair dismissal, harassment or bullying made against them.
If you are an employer and need advice about raising performance or misconduct issues with an employee, that may lead to further disciplinary action, speak to an employment law solicitor at Farleys today on 01254606090 or email us .
What is the Disciplinary Process?
Not all organisations follow a set disciplinary procedure. However, the following procedure is often adopted by businesses:
- Oral Warning
- First Written Warning
- Final Written Warning
- Dismissal
The disciplinary process specific to your business or organisation should be detailed in an employee handbook. In some cases, perhaps where an employee is not to be office based, employers choose to draft disciplinary procedures into contracts of employment.
Within the disciplinary section in their employee handbook, it is advisable that employers list the acts that are considered both minor and gross acts of misconduct, the undertaking of which by employees could lead to disciplinary action.
Appeals Against Disciplinary Action
Employees should always be given the right to appeal any disciplinary action taken against them, which usually results in an appeal hearing being held. The employee should attend this hearing in person and can bring another employee of their choice to the meeting.
Contact an Employment Law Solicitor
It is important that if you are looking to dismiss an employee for any reason or take any disciplinary action against an employee, that advice from an experienced employment law solicitor is sought. If a fair procedure is deemed not to have been followed, claims of unfair dismissal, constructive unfair dismissal, harassment or bullying could be brought against you in an employment tribunal.
For more information on disciplinary procedures or any other employment law advice for your business, contact a specialist solicitor at Farleys today on 01254606090 or email us .
