Disciplinary Proceedings can be a complicated area to get right. While the position is often easier in respect of employees with under two years’ service, the general obligation is for employers to operate a ‘fair’ procedure.
What is fair will always depend on the circumstances of each case – but if you get it wrong, you could face a costly unfair dismissal claim.
How we can help you with disciplinary proceedings
We have many years of experience in advising on disciplinary proceedings. As we also act as tribunal advocates, we can give you a view on how a tribunal would be likely to view your actions and what you need to do to run a ‘fair’ process. As with most areas of law, it is much better to get things right from the start, rather than having to scrabble around for a defence once the claim comes in, so we encourage you to contact us early on.
We also provide training to ensure your managers/HR team are fully competent and confident of complying with the law.
We advise on
- Operating a robust process
- Crafting the allegations (often key to having a ‘fair’ process)
- Investigation, including the duties of an investigation officer
- Reluctant witnesses
- Problems cropping up during the process – e.g. sickness absence or grievances during the disciplinary process
- Effective disciplinary meetings
- What is a fair decision