A disciplinary is part of the process you follow when your employer wants to talk about an employee’s performance, behaviour or actions.
The word “disciplinary” typically refers to the hearing from both parties. Usually there is a note taker present. This is the meeting at which both employer, and employee tell their side of the matter, but it is only a part of the complete disciplinary process.
It is a procedure for employers to implement to fulfil their obligations under section 3(1) of the Employment Rights Act 1996, and to set out the practice that will be followed where allegations of misconduct have been made against an employee. It considers the Acas Code of Practice on Disciplinary and Grievance Procedures and other best practice advice from Acas.
What is the Disciplinary Procedure?
The Disciplinary procedure of each company may vary slightly and should be detailed in your company handbook or your employment contract. As an employer, if you manage the procedure incorrectly, the process could lead to an unfair dismissal claim by the employee.
Can I have a legal representation at a disciplinary hearing?
As an employee, you don’t have a definite right to be represented by a solicitor at a disciplinary hearing, however, under section 10 of the Employment Relations Act 1999, employees are entitled to be accompanied only by a workplace colleague or a trade union representative.
Can you be instantly dismissed from work?
If you dismiss an employee without notice, pay in lieu and want them off your premises as soon as possible, then it is known as a Summary dismissal. Usually takes place because of gross misconduct (e.g. theft, fraud, vandalism, violence).
How long does a disciplinary stay on your record?
The ACAS Code of Practice on Disciplinary and Grievance Procedures mentions that first written warnings should stay active for 6 months and final written warnings for 12 months.
For expert legal support and advice relating to a disciplinary hearing at work, contact or call the employment law solicitors at JMR Solicitors on 0161 491 3933.