Disciplinary Procedures

5 critical steps to a fair disciplinary process

Managing disciplinary issues in the workplace is something few managers relish. However, employers could be exposed to potentially valid unfair dismissal claims if the fundamental basics are not followed. Most organisations will have their own policies and procedures which must be adhered to when managing disciplinary issues. However, those procedures must also comply with the relevant ACAS Code of Practice. Handling a disciplinary issue can be a daunting prospect. In this article we look at 5 steps which are critical

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23rd October 2023

Mediation: An effective and efficient way of resolving workplace conflict

Conflict in the workplace is unavoidable. Everyone has experienced it to some degree. Some conflict can be positive and constructive, if handled appropriately, but without the right process and structure in place it often ends up being damaging and destructive to an organisation. Mediation can be used at any stage in the conflict situation to try and get the working relationship back on track. When disputes occur, it will almost always result in a stressful and unpleasant working environment for

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9th October 2023

Did sending a pregnant woman home during lockdown amount to discrimination?

That is the question the Tribunal had to answer in the recent case of Prosser v Community Gateway Association Ltd and they found, on the facts of this case, that it did not. Ms Prosser was employed by the Association on a zero hours contract, working an average of 4 shifts per month prior to the coronavirus pandemic. Having informed her Line Manager on 13 March 2020 that she was pregnant, she was forwarded a link to the government advice

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9th August 2021

Acas guidance on handling disciplinary and grievance procedures during the Coronavirus outbreak

The Acas code of practice on disciplinary and grievance procedures was introduced in 2009, replacing the ill-fated statutory 3-step procedures for dispute resolution in the workplace. The Code introduced a principles-based good practice approach to handling workplace disciplinary and grievance situations. In response to the Coronavirus situation, Acas has now published guidance on the application of the Code whilst the current disruption is ongoing. It provides that employers must consider whether it is fair or reasonable to carry out disciplinary

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12th May 2020

interference of managers at disciplinary investigations

Stark warning to employers of the dangers of senior management interference in disciplinary investigations

In Cadent Gas Limited v Singh the Claimant was a gas engineer and undertook roles as a H&S representative and shop steward for the GMB union. He had worked for the Respondent for 19 years and had an unblemished disciplinary record. Throughout 2016 and 2017 he had raised a long list of grievances, relating, among other things, to being unfairly treated on the grounds of his trade union activities. These included three grievances against his line manager. Although the Tribunal

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9th December 2019

When disciplinary processes go wrong, Part 7 – Adjournments

It’s time for the final instalment in our seven-part blog series about the disciplinary process. In our last post we take a look at the different types of adjournment, and when and how they should be used. There’s nothing we hate more than being the bearers of bad news, especially when it comes to telling employers who’ve dismissed blatantly guilty employees that they’re exposed to potentially valid unfair dismissal claims. However, we often are and so it makes sense for

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28th March 2018

When disciplinary processes go wrong, Part 6 – Mitigating factors

There’s nothing we hate more than being the bearers of bad news, especially when it comes to telling employers who’ve dismissed blatantly guilty employees that they’re exposed to potentially valid unfair dismissal claims. However, we often are and so it makes sense for us to set out the main reasons why in the hope that we don’t have to hold the receiver away from our ears for fear of deafness as much in future. We’ll do this in a series

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19th March 2018

When disciplinary processes go wrong, Part 5 – The accompanying person

Who can accompany an employee to a disciplinary investigation? Can an accompanying person help or hinder an investigation? Find out more in this latest post in our disciplinary series. There’s nothing we hate more than being the bearers of bad news, especially when it comes to telling employers who’ve dismissed blatantly guilty employees that they’re exposed to potentially valid unfair dismissal claims. However, we often are and so it makes sense for us to set out the main reasons why

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7th March 2018

When disciplinary processes go wrong, Part 4 – Allegations, evidence and forewarning

The fourth in a series of blogs looking at elements of the disciplinary process. Here’s what to expect at a disciplinary hearing. There’s nothing we hate more than being the bearers of bad news, especially when it comes to telling employers who’ve dismissed blatantly guilty employees that they’re exposed to potentially valid unfair dismissal claims. However, we often are and so it makes sense for us to set out the main reasons why in the hope that we don’t have

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5th March 2018

When disciplinary processes go wrong, Part 3 – Choice of Chair

Part three of our blog series on managing the disciplinary process. What can happen when you appoint the wrong person as Chair of an investigation, disciplinary and/or appeal? There’s nothing we hate more than being the bearers of bad news, especially when it comes to telling employers who’ve dismissed blatantly guilty employees that they’re exposed to potentially valid unfair dismissal claims. However, we often are and so it makes sense for us to set out the main reasons why in

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1st March 2018

When disciplinary processes go wrong, Part 2 – Historical Warnings

Part two of our blog series containing advice for employers dealing with disciplinary proceedings. Should you take historical disciplinary warnings into account when deciding to dismiss? There’s nothing we hate more than being the bearers of bad news, especially when it comes to telling employers who’ve dismissed blatantly guilty employees that they’re exposed to potentially valid unfair dismissal claims. However, we often are and so it makes sense for us to set out the main reasons why in the hope

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27th February 2018

When disciplinary processes go wrong, Part 1 – Undue Influence

The first instalment in our blog series looking at how to deal with disciplinary proceedings. Does the HR team exert too much influence on the eventual outcome of a disciplinary process? There’s nothing we hate more than being the bearers of bad news, especially when it comes to telling employers who’ve dismissed blatantly guilty employees that they’re exposed to potentially valid unfair dismissal claims. However, we often are and so it makes sense for us to set out the main

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26th February 2018

How to conduct a reasonable disciplinary investigation

A reasonable disciplinary investigation is a cornerstone of a fair disciplinary procedure. Without it, any related dismissal is likely to be deemed unfair by an Employment Tribunal. Tribunals consider the principles derived from the case of British Home Stores Limited v Burchell [1978] IRLR 379, when considering the fairness of any dismissal. To establish fairness in a conduct dismissal case, an employer must be able to demonstrate that at the time of dismissal: It believed the employee to be

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9th February 2018

In this blog section, we cover several facets of disciplinary procedures. These include mediation, the disciplinary process, resolving workplace conflict, adjournments, mitigating factors, Acas guidance and much more.

Disciplinary Procedures

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