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Thursday, 20 November 2008

Employment

Employment

Disciplinary procedures: introduction

Employers use disciplinary procedures to tell employees that their performance or conduct isn't up to the expected standard and to encourage improvement.

What is a disciplinary procedure?

A disciplinary procedure is sometimes the best way for your employer to tell you when something is wrong. It allows them to explain clearly what improvement is needed and should give you an opportunity to put your side of the situation.

Your employer must put their disciplinary procedure in writing, and make it easily available to you (for example, by giving details in the staff handbook). It should include the rules, what performance and behaviour might lead to disciplinary action, and what action your employer might take.

By law, there are certain minimum steps that must be included in a disciplinary procedure - these are known as the 'statutory minimum procedures'. If your employer dismisses you without following this process, then if you make an unfair dismissal claim, the dismissal will normally be 'automatically unfair'. You normally need at least a year's service before you can make an unfair dismissal claim.

On top of the statutory minimum procedures, there are other steps that an employer would be expected to take in order to be reasonable. The Advisory, Conciliation and Arbitration Service (Acas) and Labour Relations Agency (LRA, Northern Ireland) produce a code of practice on disciplinary procedures. You can't take your employer to an Employment Tribunal (Industrial Tribunal In Northern Ireland) just because they haven't followed the code but if you make an unfair dismissal claim the code can be taken into account.

If your employer has laid down a disciplinary procedure that forms a part of your contract then you could sue for breach of contract if they haven't followed it.

During a disciplinary procedure, if your employer does anything that seems unreasonable you should tell them (in writing) and suggest ways to solve the problem. They may decide to carry on the procedure anyway, in which case you might decide to use the issue as grounds for an appeal.

If you face disciplinary action, and aren't sure what to do, you can always get advice about your rights. Acas and your local Citizens Advice Bureau (CAB) provide free and unbiased advice, and you may be able to get help from a union if you're a member.

Informal steps

Before taking formal disciplinary action, your employer may try and raise the matter informally with you first of all. This is often a good way of resolving a problem quickly.

Where to get help

The Advisory, Conciliation and Arbitration Service (Acas) offers free, confidential and impartial advice on all employment rights issues. You can call the Acas helpline on 08457 47 47 47 from 8.00 am to 6.00 pm Monday to Friday.

The Labour Relations Agency (LRA) offers free, confidential and impartial advice on all employment rights issues for residents of Northern Ireland. You can contact the LRA on 028 9032 1442 from 9.00 am to 5.00 pm Monday to Friday.

Your local Citizens Advice Bureau (CAB) can provide free and impartial advice. You can find your local CAB office in the phone book or online.

If you are a member of a trade union, you can get help, support and advice from them.

More useful links

Disciplinary procedures: find out more

Additional links

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