Disciplinary Action - Reynolds Parry Jones LLP

Disciplinary Action

If your employer has concerns about your work, conduct or you have been absent without permission or explanation they may take disciplinary action against you.

Before taking disciplinary action or dismissing you they may approach you informally or they may go straight into a formal procedure. Their procedure should include the following steps:

  1. Send you a letter setting out the issue
  2. Set up a meeting with you to discuss the issue
  3. Make a decision following the meeting
  4. Give you a chance to appeal the decision

Your employer’s procedure should follow the ACAS code. However, if they don’t follow the code and you subsequently win a case against them in tribunal you could get a larger payout.

Your employer could put their disciplinary procedure in your contract of employment. However, if they do, but don’t follow the procedure, you could sue them for breach of contract.

After the hearing has taken place your employer should write to you giving their decision, telling you the action they propose to take, and telling you that you have a right to appeal. Their decision might be a suggestion on how to resolve the issue or it could be :

  • No action to be taken
  • Written warning
  • Final Warning
  • Demotion
  • Dismissal

Contact our employment specialist if you are threatened with a disciplinary hearing or are considering an appeal following a hearing

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