If you have concerns about an employee’s work or conduct or they have been absent without permission or explanation you wish to take disciplinary action.
Before taking action you may approach them informally or you may decide to go straight into a formal procedure. Such procedure should include the following steps:
1. Send them a letter setting out the issue
2. Set up a meeting with them to discuss the issue
3. Make a decision following the meeting
4. Give them a chance to appeal the decision
Your procedure should follow the ACAS code. If you don’t follow the code and the employee subsequently win a case against you in tribunal you could be forced to pay a larger payout.
You could put your disciplinary procedure in the contract of employment. However, if you do, but don’t follow the procedure, they could sue you for breach of contract.
After the hearing has taken place you employer should write to them giving your decision, telling them the action you propose to take, and advising them that they have a right to appeal. Your decision might be a suggestion on how to resolve the issue or it could be any of the following :
• No action to be taken
• Written warning
• Final Warning
Contact our employment specialist if you are considering a disciplinary hearing or if the employee is considering an appeal following a hearing.