{"id":175611,"date":"2022-09-05T05:42:03","date_gmt":"2022-09-05T04:42:03","guid":{"rendered":"https:\/\/legalvision.co.uk\/?p=175611"},"modified":"2022-09-08T07:52:18","modified_gmt":"2022-09-08T06:52:18","slug":"key-points-disciplinary-procdures","status":"publish","type":"post","link":"https:\/\/legalvision.co.uk\/employment\/key-points-disciplinary-procdures\/","title":{"rendered":"Five Key Points to Remember When Carrying Out Your Disciplinary Procedure in England"},"content":{"rendered":"\n

As an employer, you will likely follow a disciplinary process if an employee engages in poor conduct<\/a>. However, the disciplinary procedure can be complicated. Consequently, it is easy to make mistakes that can ultimately lead to a claim against you in an employment tribunal. To avoid making a mistake during a disciplinary procedure, you should remember key points to help you carry it out correctly. This article will explain some key points that you should keep in mind when carrying out your disciplinary procedure in England. <\/p>\n\n\n\n

Ensure You Use the Relevant Fair Procedure<\/h2>\n\n\n\n

When you carry out the disciplinary procedure<\/a> with your staff, you will do so in response to either a conduct issue or a capability issue. A conduct issue is where your employee’s behaviour is not acceptable or correct. Whereas a capability issue is where your employee is not performing well. <\/p>\n\n\n\n

There can be different fair and correct procedures for each. Hence, a critical point to remember when carrying out the disciplinary procedure is to use the right process for the circumstances. For example, your capability procedure for disciplinary procedures may focus on support and training. <\/p>\n\n\n\n

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Whilst you may have your disciplinary procedures in place, they must mirror the Acas Code of Practice: Disciplinary and Grievance Procedures<\/a>. This is because an employment tribunal will consider whether or not your procedures mirror the Code if your dispute makes its way to a tribunal.<\/p>\n<\/div>\n\n\n\n

Gather As Much Evidence and Information As Possible<\/h2>\n\n\n\n

When you believe it is necessary to carry out disciplinary procedures on a staff member, gathering as much information and evidence as possible is essential. As part of a full and fair procedure, you should carry out an investigation into the matter. Ultimately, you need to make informed decisions and be sure that you have a good reason for the accusations suggested. <\/p>\n\n\n\n

Gathering evidence can include:<\/p>\n\n\n\n