Disciplinaries

If you have concerns regarding an employee’s performance or conduct, this should be dealt with properly, in order to avoid any claims for unfair dismissal.  Generally, employees need two years service to bring a claim for unfair dismissal (although in certain circumstances two years service is not required).   It is therefore important for you to obtain legal advice before dealing with any performance or conduct issue at work.

Following a fair procedure can be complicated. We will advise you as to the necessary steps that you will need to follow for each situation, for example:-

1. Conducting investigations, including holding an investigatory meeting
2. Holding a disciplinary meeting
3. Setting out your decision in writing to the employee
4. Providing the employee with the right to appeal
5. Giving the employee the right to be accompanied by a fellow employee or trade union representative where required
6. Holding an appeal meeting
7. Setting out the appeal decision in writing to the employee

Employers are required to follow the ACAS Code of Practice in relation to conducting disciplinaries.  If an employee subsequently brings a claim at tribunal for unfair dismissal, it should be noted that any compensation awarded could be increased by up to 25% if the employer has not followed the ACAS Code of Practice.

How can Gorvins help?

We can provide expert guidance and legal advice on dealing with any disciplinary matter at work. We can draft all required letters, including inviting the employee to attend an investigation meeting and disciplinary meeting and assist with the disciplinary outcome letter.   We will also advise you as to commercial options for dealing with the employee, which may involve carefully putting an exit package to the employee.

Contact our employment solicitors today

For advice on dealing with disciplinaries, please contact our employment team today on 0161 930 5151 or send us an e-mail to employmentteam@gorvins.com.

Alternatively, you can contact us using our online form.