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Disciplinary, Dismissal & Grievance Procedures
Guidance for employers
The law on dismissal
If disciplinary action could end in dismissing an employee, employers must ensure the dismissal is fair. Fairness involves 2 key points:
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The reason for the dismissal must be one allowed by the law
- Capability or qualifications of the employee
- Conduct of the employee
- Redundancy
- Contravention of a duty or restriction or
- Some other substantial reason
- The employer must act fairly. This means following the key principles set out below
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PRINCIPLES OF REASONABLE BEHAVIOUR (drawn from the ACAS Code of Practice on Disciplinary and Grievance Procedures)
- Procedures should be used to encourage employees to improve, where possible, rather than just as a way of imposing a punishment
- You must inform the employee about the complaint against him or her; the employee should be given an opportunity to state his or her case before decisions are reached
- The employee is entitled to be accompanied at disciplinary meetings
- You should not take disciplinary action until the facts of the case have been established
- You should never dismiss an employee for a first disciplinary offence, unless it is a case of gross misconduct
- You should always give the employee an explanation for any disciplinary action taken and make sure the employee knows what improvement is expected
- You must give the employee an opportunity to appeal
- You should act consistently
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Note that an employee cannot take a case of unfair dismissal against you until he or she has been employed by you for a year or more. There are some important exceptions to this rule. Some dismissals are automatically unfair whenever they occur. In particular you cannot fairly dismiss a woman for becoming pregnant or a trade union official or health and safety officer for carrying out legitimate duties. For further information see http://www.dti.gov.uk/er/individual/fair-pl714b.htm#04.
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Business Advice