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Disciplinary Procedures

Advice & Considerations for Businesses
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We explore Disciplinary Procedures

If you are experiencing an issue in this area, you may find this article gives you some pointers and highlights some further action.

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Disciplinary Procedures

It is an inevitable that, at some point, an organisation will face a situation where it is necessary to tackle allegation(s) of wrongdoing on the part of an employee.

All organisations should have disciplinary procedures. It may well be the case that the complexity of the disciplinary process may vary depending on the organisation. Whatever the size of an organisation, or the resources it has available to it, disciplinary procedures should be easily available to everyone and should clearly lay out how the situation will be handled as well as the phases involved. Employers need to ensure that their employees are treated fairly throughout the process. Broadly, the formal phases involved would be a disciplinary investigation, a disciplinary hearing and an appeal.

As well as being the right thing to do, there is also a strong business case for having a robust disciplinary procedure in place. For example, an absence of disciplinary procedures, or procedures being inconsistently applied, may give weight to a Tribunal claim as such behaviour may be evidence of wider unfairness.  In addition, a tribunal award can be increased due to an employer’s failure to adhere to the principles in the codes of practice regarding disciplinary and grievance procedures.

If you find yourself needing help with your businesses disciplinary process, we are experienced in drafting disciplinary procedures that ensure best practice is adhered to and the process is fair and transparent, meaning that all parties involved are treated properly.

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