Employment Lawyers Can Answer Your Employment Law Questions
When an employer conducts a formal disciplinary procedure, they have the duty to follow a fair process, which must accord to the ACAS Code of Conduct. Altogether, it means that a disciplinary procedure should be conducted as follows:
1. Investigation - a reasonable investigation is needed. What is reasonable depends entirely on the circumstances and especially the nature and seriousness of the allegations. The more serious these are, the more detailed the investigation needs to be.
2. Disciplinary hearing - if the investigation provides sufficient evidence of misconduct, the employee may be invited to attend a formal disciplinary hearing. They must be given prior notice of the hearing, including details of the allegations, allowing them time to prepare. They have the legal right to be accompanied at the hearing but only by a trade union representative or a colleague. If they want to use witnesses they can do so although that may be done by providing witness statements rather than having witnesses attend.
3. Decision and penalty - following the disciplinary, if the employer holds a genuine belief that the employee was guilty, then they can go ahead and formally sanction them. When deciding on the appropriate penalty, the employer should consider the nature and seriousness of the offence and the employee's disciplinary record.
You can get a copy of the ACAS Code here:
Failure to follow the Code can make the disciplinary unfair and you can appeal on those grounds. If the grievance is rejected and the employer still does not follow a fair procedure then you only have one option of challenging this further and that is to resign and claim constructive dismissal. You need to weigh up the factors and decide whether it is worth doing so, basically giving up your job to challenge this warning. It can be a risky mover so think carefully before you decide.
I hope this clarifies your position? If you could please quickly let me know that would be great, as it is important for us to keep track of customer satisfaction. Thank you
they can do, but if you need to talk to witnesses then you can tell the employer and you can be allowed to discuss it with them if needed
Could you please let me know if this has answered your original question or if you need me to clarify anything else in relation to this? It is important for us to know either way so we can track customer satisfaction or identify whether I need to help you further? Thanks
well not quite - you do have rights as stated above, they do have to follow the ACAS Code but the issue is that you cannot directly make a claim for that, you would either need to be dismissed or resign first before you can pursue the matter further
you are welcome