Disciplinary Advice for Employers

Disciplinary Advice for Employers

Many employers will face situations when they must take disciplinary action due to an employee’s misconduct or poor performance.

In any disciplinary issue, an employer must not only establish they had good reason to take disciplinary action but vitally demonstrate they engaged a procedurally fair process.

Failure to follow a fair and reasonable process, especially when dismissing an employee, could leave businesses exposed to potentially costly claims.

At Farnworth Rose, our expert employment law solicitors in Nelson and Barrowford advise business across Lancashire on drafting fair and reasonable disciplinary procedures. Having the correct procedures in place can protect employers and minimise workplace unrest.

For disciplinary advice from our dedicated employment law team, call us now on 01282 695 400.

Following a fair disciplinary process

Although employers are no longer required to follow a statutory procedure when considering disciplinary action, a fair and reasonable procedure must be followed.

The ACAS Code of Practice provides clear guidelines on disciplining or dismissing an employee.

We would advise following a fair process by:

  • Carrying out a reasonable investigation of any allegations

  • Notifying an employee of a disciplinary hearing and reasons for the hearing in writing

  • Giving the employee time to prepare for a hearing

  • Informing the employee of their right to be accompanied

  • Allowing the employee at the hearing to respond to any allegations

  • Confirming any decision in writing including the employee’s right to appeal

Establishing a fair, clear and transparent process

Dealing with disciplinary issues consistently through a clear and transparent process reduces the risk of uncertainty and potential damage to the relationship an employer has with its employees.

In the event of an employee bringing an unfair dismissal claim, Employment Tribunals will consider whether you have followed a fair procedure. Procedural failure when undertaking disciplinary action can have serious financial consequences.

At Farnworth Rose, our dedicated solicitors have extensive experience advising businesses on establishing a fair disciplinary process and drafting disciplinary procedures in line with the ACAS Code of Practice. Our specialist solicitors are also available to offer advice when implementing these procedures.

Having the correct procedures in place now can protect you against potential claims future claims.

Contact Farnworth Rose today

For expert advice on the drafting of contracts of employment, policies and procedures, contact the employment law professionals at Farnworth Rose. To talk to an expert member of our team today, call us on 01282 695 400 or complete the form below and we’ll call you back.