Do’s and Don’ts of Carrying Out a Disciplinary Procedure in England

When disciplining a staff member, following a fair procedure is essential. Disciplining your staff can result in dismissal, so if you have not followed your disciplinary procedure correctly, you risk facing a claim for unfair dismissal or discrimination. An employment tribunal will consider the procedure you followed when assessing the employment claim. This article will explain the do’s and don’ts when carrying out your disciplinary procedure in England.  

Do’s for a Disciplinary Procedure

1. Have a Written Disciplinary Procedure 

Your disciplinary procedure or policy must be written and easily accessible to your staff at work. Importantly, managers must be able to access it easily and understand the process of disciplining staff. 

It is also vital that all employees understand and know where to find your disciplinary policy. You may wish to place your disciplinary policy in your staff handbook. Remember that your policy must follow the Acas Code of Practice on disciplinary and grievance procedures. Otherwise, you could pay an employee up to 25% more compensation at a tribunal.

2. Act Quickly

You should act quickly if an issue arises with your staff, and you need to deal with it using your disciplinary procedure. Even if the issue is minor, failing to resolve it quickly could cause more significant issues to arise later. Indeed, you may be able to find a solution that avoids a formal disciplinary investigation. As such, your business can save time and resources. 

3. Investigate Thoroughly 

As part of your disciplinary procedure, you must investigate the issue correctly and with an open mind before holding a disciplinary hearing or disciplinary meeting. A thorough investigation will help you gather evidence and speak to all parties involved. Remember, you must present this evidence to your employee. 

4. Appoint a Suitable Chair for the Disciplinary Hearing

According to the Acas Code of Practice, the staff member in charge of the disciplinary hearing or disciplinary meeting should be different from the person who carries out the disciplinary investigation. You will also wish to ensure that they can chair the meeting and whether they have any experience in chairing.

Don’ts for a Disciplinary Procedure

1. Fail to Tell Your Employee Potential Action You May Take

When disciplining your employee, you must let them know what potential action you may consider due to the disciplinary procedure. Importantly, tell your staff member about these potential actions before you hold the disciplinary meeting. This enables your employee to appreciate the seriousness of the problem and defend themselves accordingly.

2. Deny Your Employee the Right to Be Accompanied

You must hold a disciplinary meeting when carrying out the disciplinary procedure. Likewise, your employee has a legal right to be accompanied by a companion, and you should make them aware of this right. The companion can be a:

• work colleague;
• trade union official; or
• trade union representative trained or certified to act as a companion.

3. Forget to Give Lesser Warnings

Before resorting to dismissal, ensure that you have first provided lesser warnings to your employee. However, your employee’s conduct might be so severe, such as gross misconduct, that it warrants summary dismissal. Summary dismissal is immediate dismissal where you do not give your employee their notice or pay in lieu of notice.

4. Deny Your Employee a Right to Appeal

You will decide what action to take against your employee at the end of your disciplinary investigation. The employee may wish to appeal your decision, and you should not deny them the right to do so. Furthermore, you should include this right in the outcome letter of your disciplinary meeting, stating the date they have to appeal and to whom they should address the appeal.

Key Takeaways

Disciplinary procedures should be full and fair and mirror the Acas Code of Practice on disciplinary and grievance procedures. You must follow them correctly when carrying out disciplinary action on your employees, including both actions you should and should not do. For example, you must make your disciplinary policy available to all staff in a clear, written and easily accessible format. Additionally, you should not deny your employee the right to be accompanied by a companion during their disciplinary hearing. 

If you need help understanding the do’s and don’ts when carrying out your disciplinary procedures, our experienced employment lawyers can assist as part of our LegalVision membership. For a low monthly fee, you will have unlimited access to lawyers to answer your questions and draft and review your documents for a low monthly fee. So call us today on 0808 196 8584 or visit our membership page.

Frequently Asked Questions