Hello what specific queries do you have about this?
Thank you. It is entirely possible for an employer to take disciplinary action if they believe you have done something wrong or not followed correct procedure. The taking of disciplinary action does not mean you are guilty – it means the employer thinks you have done something wrong and they are bringing the case against you, allowing you the chance to defend yourself. It is still possible that following the disciplinary they find you not guilty and take this no further. So yes, it is possible for them to take disciplinary action against you if you have done a clerical error, even if there are factors which mean you can explain what happened and can mitigate any wrongdoing on your part. But that is something which you can still raise as a defence at the disciplinary, so even if they know of these now, they can still require you to formally defend yourself by raising these at the disciplinary hearing.
This is your basic legal position. I have more detailed advice for you in terms of the law on disciplinary hearings and what is expected of the employer to ensure it is carried out fairly, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, there is no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you
Hello, I see you have read my response to your query. Please let me know if this has answered your original question and if you need me to discuss the next steps in more detail? In the meantime please take a second to leave a positive rating by selecting 3, 4 or 5 starts from the top of the page. The question will not close and I can continue with my advice as discussed. Thank you
Have you not had an investigatory meeting at all?
Please remember to leave a rating for the response s far so I can continue assisting you further, many thanks
Ok it looks like the investigatory meeting has already been held so there is no formal requirement to have that now – they can proceed straight to the disciplinary if needed.
As mentioned, I have more detailed advice for you in terms of the law on disciplinary hearings and what is expected of the employer to ensure it is carried out fairly, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, there is no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you
Thank you. The info is really in terms of what the law requires of an employer to conduct a misconduct disciplinary procedure.
Misconduct is a common reason for taking disciplinary action against an employee. It could be due either to a single serious act of misconduct or a series of less serious acts over a period of time.
In order to justify that disciplinary action on grounds of misconduct was fair, the law requires that the employer:
· Conducts a reasonable investigation;
· Follows a fair disciplinary procedure; and
· Shows they had reasonable grounds to believe the employee was guilty.
In addition, the employer is expected to follow the ACAS Code of Practice on disciplinary and grievance procedures. 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.
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. Unless the offence was one of gross misconduct, ACAS recommends that the employee should be issued with a written warning.
In summary, an employer is not expected to prove that the alleged misconduct had definitely occurred. Disciplinary action will be fair if the employer can show that it had conducted a reasonable investigation, followed a fair procedure and held a genuine belief that the employee was guilty. Finally, it must show that the penalty was a reasonable action to take in the circumstances and one that a reasonable employer would have taken.
If there are any doubts about any of the above and there is belief or evidence that the employer has not satisfied these requirements, an appeal can be submitted to the employer immediately after the disciplinary outcome. If the disciplinary results in dismissal then a claim for unfair dismissal can be made in the employment tribunal. There are two requirements to claim: the employee must have at least 2 years' continuous service with the employer and the claim must be made within 3 months of the date of dismissal.