Our employment law team are experts in advising upon disciplinary and capability issues, with years of experience behind them.
If you feel that you have a case regarding any of the below areas, our expert legal team can assist you further and advise on next steps. We have offices in Brentwood, Hornchurch, Chelmsford and Upminster, and office facilities in Leigh-On-Sea and Canary Wharf, London.
Disciplinary action is anything up to and including dismissal. The ACAS Code of Practice sets out the steps your employer should take in the lead up to dismissal, as an employee should rarely be dismissed for a first offence unless it amounts to gross misconduct. Action taken by your employer can be anything from a verbal warning 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.
Verbal warnings do not need to form part of a formal process but if they are included in your employer’s disciplinary procedure, then the procedure leading up to giving a verbal warning would need to comply with the Code of Practice. However, any other action taken for disciplinary purposes, e.g. suspension without pay or demotion, would be covered by the ACAS Code of Practice.
Any issue of poor performance is a capability issue, and the ACAS Code of Practice allows for poor performance to be dealt with under a separate capability procedure instead of a disciplinary procedure provided it adheres to the principles of the Code.
Ill health is also a capability issue should an employer consider taking action against an employee for ill health reasons, particularly dismissal, then the ACAS Code of Practice should normally be followed.
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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