DBS Law Ltd
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disciplinary procedures
A disciplinary procedure should be the process that your employer uses to tell you something is wrong. A fair procedure allows them to explain clearly what improvement is needed and should give you an opportunity to explain your side of the situation. It can lead to disciplinary action, including dismissal in more serious cases.
Before taking formal disciplinary action or dismissing you, your employer may try to raise the matter informally with you. This is often a good way of resolving a problem quickly. Sometimes the problem may be the result of a misunderstanding, and you may be able to provide evidence to clarify the issue.
Being dismissed by your employer
There is an ACAS Code of Practice on disciplinary and grievance procedures (the Code). It sets out the principles that you and your employer should follow to achieve a reasonable standard of behaviour in handling disciplinary or dismissal situations.
In line with the Code, your employer's disciplinary procedure is likely to include the following steps:
• a letter from your employer setting out the issue
• a meeting with your employer
• being able to appeal your employer's decision
Your employer must also give you, in writing, the name of a person you can apply to if you are dissatisfied with your employer’s decision.
Suspension from work
While the disciplinary or dismissal issue is being looked into, your employer may be able to suspend you from work. Whether that is with or without pay relies on the terms of your contract.
If your employment contract allows you to be suspended without pay, your employer can do so, so long as they are acting reasonably. If your employment contract does not say that your employer can do this, your employer may still be able to suspend you, but with pay. To make it clear that this isn't a punishment, the suspension will be on full pay in most cases.
While suspended, you may be told not to talk to other employees, customers and/or suppliers. If this stops you defending yourself, it may be grounds for appeal, however, ignoring the instruction may result in further disciplinary proceedings against you.
DBS Law’s Employment Department provides expert advice to employees on all aspects of employment law. Whether you require initial advice on a particular problem at work or believe you have grounds for a claim we can assist.
