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.
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.
See our guide to conducting disciplinary meetings:
Contact our specialist employment team here for all of your employment needs.
We Advise On:
- operating a robust process
- crafting the allegations (often key to having a ‘fair’ process)
- investigations, including the duties of an investigating 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
What clients say
I found your service 1st class from the very beginning. Very friendly, understanding and very businesslike.