If you have been suspended, are under investigation or are facing disciplinary action at work, it can be extremely stressful and upsetting and you may feel that you have no way out of the situation. Speaking to an experienced employment law solicitor at Farleys allows you to ascertain where you stand from a legal perspective in relation to the proposed disciplinary action.
Disciplinary policy varies from company to company but your employer must have a written procedure. Usually your employer will outline it in your employment contract but if this is not the case, you should ask to see it and make sure that you understand the policy before you enter into disciplinary proceedings.
To speak to a solicitor to discuss appealing disciplinary action or a dismissal, contact Farleys employment law solicitors by completing the contact form or calling 0125 460 6090.
Before beginning disciplinary proceedings, your employer will generally write you a letter explaining the nature of the problem and the factors that have led to this position. They should outline their allegations about your misconduct or capability/performance and the consequences of the alleged behaviour. The letter should give you sufficient information to formulate an explanation prior to the meeting.
Following written notification, your employer will arrange a disciplinary meeting at which they will show evidence of the complaint against you. It is very important that you attend this meeting. It is your statutory right to be accompanied at the hearing although you must request this in advance. If you are a member of a trade union, it is recommended that your companion at the meeting should either be a trade union representative or official.
At the meeting, the person accompanying you can:
- Represent you
- Confer with you during the hearing
- Sum up or present your case
Following the meeting, your employer should tell you the outcome without any unreasonable delay. Your employer must confirm their decision in writing and it can include: a demotion, a dismissal, a verbal warning, a written warning or a final warning. Alternatively, it is possible that your employer will take no disciplinary action and will instead take steps to resolve the situation, which led to the disciplinary.
How to appeal your employer’s decision
You may feel that your employer’s disciplinary action is unjust or wrong. If this is the case, you should appeal against their decision. To do this, you should write an appeal letter to your employer explaining why you do not agree with their findings. Your employer should then arrange an appeal hearing and where possible, they should appoint the appeal hearing to a manager who was not previously involved with the disciplinary hearing.
Like the original disciplinary meeting, the appeal hearing also allows you to take a companion to answer on your behalf, to confer with and to present your case. Following the disciplinary appeal meeting, your employer should notify you of their final decision in writing. If you disagree with their decision, you may be able to take your employer to an Employment Tribunal.
Contact Farleys Solicitors
Disciplinary policy varies between companies so this information should only be taken as guidance. If you have any further questions, the employment law solicitors at Farleys can provide individual guidance and legal advice.
Contact Farleys employment law solicitors on 0125 460 6090 or by completing the online contact form.