This section provides information on disciplinary rules and
procedures, the fair handling of disciplinary cases, the rules of
natural justice and the overlap with grievance procedures.
Discipline key points
- It is usual for a disciplinary procedure to contain a number of 'levels', ie stages at which a verbal or written warning will be given, before dismissal is considered or instituted.
- Disciplinary rules should make it clear to all employees what types and levels of misconduct will be regarded as gross misconduct, justifying summary dismissal.
- There is no legal obligation on an employer to have written disciplinary or dismissal procedures. There is no requirement for any in-house procedures to comply with any statutory rules.
- It is, however, good practice to have clearly written disciplinary rules and procedures.
- If an employer fails to follow a reasonable procedure in carrying out a dismissal, the dismissal will be unfair.
- The ACAS Code of Practice on Disciplinary and Grievance Procedures provides statutory guidance to employers how they should correctly handle discipline, unsatisfactory performance and grievances. A failure to adhere to the Code's recommendations is highly likely, in practice, to make any dismissal unfair.
- In order for disciplinary action or dismissal to be fair, the employer must be able to show that there was a genuine belief, based on reasonable grounds, that the employee had committed the act of alleged misconduct.
- Disciplinary hearings should be conducted fairly and conform to the principles of natural justice.
- All stages of the disciplinary process should be recorded in writing.
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