Discipline

Disciplinary Procedures

The Code of Conduct

The Statutory Disciplinary procedures have now been abolished, but you are still required to follow a Code of Conduct. Failure to comply can result in an unfair dismissal award against you being increased by up to 25%.

So how should I conduct a disciplinary interview?

Before the meeting, investigate and establish the reasons for calling it. Invite the employee in writing to attend giving at least 24 hours notice and reminding them of their right to be accompanied.

The 7 Stages

Stage 1 – Introduction

Introduce those present. State that it is a formal disciplinary hearing to consider whether disciplinary action is merited and explain how the interview will be conducted

Stage 2 Statement of the complaint

State the nature of the offence, outline the case briefly by going through the evidence. Give copies of the evidence to the employee and their representative.

Stage 3 – Employee's reply

Allow the employee to state their case, ask questions, present evidence and call witnesses or present witness statements.

Stage 4 – General questioning and discussion

Discuss the facts and reach agreement as to what happened. If the offence is not disputed, consider any mitigating circumstances.

Stage 5 – Summing up

Summarise the main points and any matters that need to be checked.

Stage 6 - Adjournment

Adjourn the meeting and decide the disciplinary penalty.

Stage 7 - Reconvene the hearing

Reconvene and notify the employee of the outcome. Inform them that it will be confirmed in writing and remind them of their right to appeal and the appeal procedure.

The above is a summary of the principles involved – the detail is much more complex. Don't embark on disciplinary action if you are at all unsure of the procedure – obtain expert advice.

The above is intended to provide information of general interest about employment law but does not give legal advice.

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