Abiding to correct legal practice when taking disciplinary action
Disciplinary Action and Performance Issues
In cases where disciplinary action is required to deal with employee performance issues, it is paramount that proper and effective procedures are followed through every stage.
If an employee is underperforming or has committed an act of misconduct, the procedure as outlined by ACAS should always be followed.
Key phases of disciplinary action should include:
1. Establishing the facts of the case.
2. Inform the employee of the problem.
3. Allow an employee to be accompanies in a meeting.
4. Decide on appropriate action.
5. Provide employees with an opportunity to appeal.
6. Ensure you have an understanding of special cases.
To view the ACAS guidance in full, this can be reviewed on their website.
Why following correct procedure always comes first
by Ian Pearson
Slade De Lacey
Head of Employment
In all cases where an employee is underperforming or has committed an act of misconduct, a proper procedure should be followed.
Even if the employee does not have the required period of continuous service to bring an unfair dismissal claim, a poorly conducted disciplinary can result in a breach of contract claim or some form of discrimination.
Advice at an early stage may be the difference between a neat and conclusive termination as opposed to a difficult dismissal resulting in a tribunal claim.
Our team of specialist employment solicitors will support you through every stage of this process.
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