Effectively managing a disciplinary can be far from straightforward and can take up considerable management time. Disciplinary matters should be dealt with in accordance with the ACAS Code of Practice, and our employment solicitors have a depth of experience guiding employers through the disciplinary minefield, minimising the risks of a claims.
Disciplinary action is anything up to and including dismissal. The ACAS Code of Practice sets out the steps an employer should take in the lead up to dismissal. An employee should rarely be dismissed for a first offence unless it amounts to gross misconduct. Action taken by an employer can be anything from a verbal warnings as at the first stage of the disciplinary process or may proceed straight to a written warning as the first action under a formal procedure.
In a case in which an Employment Tribunal makes an award of compensation it has the power to increase compensation by up to 25% if it finds that there has been a failure to comply with the requirements of any relevant ACAS Code of Practice on the part of the employer. It may also decrease compensation by the same percentage amount if it finds an unreasonable failure to comply with a relevant Code by an employee.
Our expert employment solicitors are on hand to advise you how best to deal with disciplinary matters. We can help your business understand the options, how to follow a fair procedure, the carrying out of an investigation, the conducting of the disciplinary hearing, the disciplinary outcome / options and what may follow after the disciplinary procedure. We can also advise on misconduct outside of the workplace. We also have experience in being instructed as an independent party to carry out a disciplinary investigations on behalf of a client.
In some circumstances, it may be appropriate to offer a settlement agreement at the outset of or during a disciplinary process. These agreements are commonly used as a method to bring an end to the employment relationship; it is a record in writing of the terms of any settlement reached between the employer and employee.
Please do not hesitate to contact us by telephone to speak with a solicitor from our employment team, without obligation, or simply fill out our enquiry form and one of our specialist employment lawyers will contact you.
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