Disciplinary procedure

On 6 April 2009, the statutory dispute resolution procedures were repealed in their entirety and the provisions of the Employment Act 2008 were implemented. As a result, a new Code of Practice on Disciplinary and Grievance procedures issued by Acas came into force.

Employment Tribunals now refer to this code to determine whether or not a fair process has been followed. A full copy of the Code can be found on the Acas website.

When invoking disciplinary procedures, employers are expected to provide and follow a fair, clear and transparent process, in accordance with the above code.

The disciplinary process usually advances through a number of stages:

Informal discussion (where the act of misconduct is of a far less serious nature and does not form part of the disciplinary procedure)
More serious misconduct is alleged or, there is a failure to improve despite informal discussions
Investigation
Disciplinary hearing (where the act of misconduct is of a more serious nature with the potential for formal disciplinary action)
Formal disciplinary action including:
- First Written warning
- Final written warning
- Dismissal
Appeal proceedings (after any formal disciplinary action is taken)

Organisations should be careful not to miss out any of the stages set out in their own procedures. In cases of suspected gross misconduct, employees may be suspended before investigation as a precautionary measure. Such suspension should not be considered punitive and should be on full pay.

The code of practice is designed to offer a set of minimum standards for handling disputes at work, and not undermine existing good practice.

NCVO has created an example disciplinary procedure, in accordance with the Acas code.

The Acas Code of Practice advises that disciplinary procedures should:

Be put in writing
Say to whom they apply
Be non-discriminatory
Allow for matters to be addressed without undue delay
Allow for information to be kept confidential
Tell employees what disciplinary action might be taken
Say what levels of management have the authority to take disciplinary action
Require employees to be informed of the allegations against them and supporting evidence, before a meeting
Give employees a chance to have their say before management reaches a decision
Provide employees with the right to be accompanied
Provide that no employee is dismissed for a first breach of discipline, except in cases of gross misconduct
Require management to investigate fully before any disciplinary action is taken
Ensure that employees are given an explanation for any sanction
Allow employees to appeal against a decision.