An employer should ensure that their internal disciplinary procedure complies with the Acas Code of Practice on Disciplinary and Grievance Procedures.
If an employer follows a flawed procedure, or fails to follow any procedure at all, then an employee may have grounds to bring an unfair dismissal claim and/or a breach of contract claim in the event that the procedure was set out within the employment contract.
At Eric Robinson Solicitors we can review an employer’s policies and procedures to make sure that they are compliant with the Acas code and we can also advise on how best to apply the procedure in real-life workplace situations.
Whether you are an employer or employee it may be that an issue can be resolved without recourse to a disciplinary procedure therefore it is important to consider if formal action is appropriate. Informal discussions may be more appropriate. But remember that if any ‘informal discussions’ lead to a written warning that is retained on the employee’s personnel file it will probably be viewed as a formal disciplinary warning. In such circumstances the employer would need to have followed a fair procedure in advance of giving the warning and the employee is lawfully entitled to expect a fair and lawful procedure to be pursued.
At Eric Robinson Solicitors we can advise both employers and employees on any issues arising in respect of disciplinary and grievance procedures and their application in the workplace. Contact us today.