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HR Employment Law Farleys Solicitors



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.

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.

What is the Disciplinary Process?

Not all organisations follow a set disciplinary procedure. However, the following procedure is often adopted by businesses:

  1. Oral Warning
  2. First Written Warning
  3. Final Written Warning
  4. Dismissal

The disciplinary process specific to your business or organisation should be drafted and included in an employee handbook.

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. We offer expert legal advice on all areas including the following:

  • Suspensions
  • Investigations
  • Disciplinaries
  • Dismissals
  • Appeals
  • Unfair dismissal advice

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

For more information on disciplinary procedures or any other employment law advice for your business, contact a specialist solicitor at Farleys today on 0333 331 7126 or email us.

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