Discipline and Grievance Issues

5. Statutory Procedures

Statutory procedures must be used for any disciplinary sanction (other than warnings or suspension on full pay).

5.1 For these offences, your disciplinary procedures must incorporate the 'three-step' minimum.

• You must explain to the employee concerned what the problem is, in writing, including the details on which the allegations are based.
• You must then have a face-to-face meeting to discuss it.
• You must give him or her an opportunity to appeal against the finding.

5.2 There are exceptions to which the 'three-step' requirement does not apply.

• Where factors beyond the control of the parties make it impracticable to complete the procedure. For example, when one of the parties has gone to live abroad.
• Where all employees have been dismissed, and offered re-engagement on new terms.
• Where there are collective redundancies.
• Where someone is unfairly dismissed for official (protected) industrial action.
• Where the business suddenly closes down.
• Where either party has reasonable grounds for fearing violence or harassment, or damage to property.
• In certain cases, where someone has been dismissed using the two-stage 'modified' procedure (see 5.3).

5.3 The 'modified procedure' can be used only in very exceptional circumstances.

• The modified procedure involves two steps. Explain to the employee, in writing, what the offence is and why you believe him or her to be guilty of it. You also arrange an appeal, if asked to do so.
• It is not always clear that the 'modified' procedure can be used. Always take legal advice first, but you must act quickly. Even one day's delay can mean you breach the procedure.