Disciplinary Process

Are there any rules about disciplinary processes?

There is a basic procedure employers must follow if they want to discipline you. If your terms and conditions set out a better procedure, your employer would have to follow this instead.

You have the right to take a colleague or trade union representative to the disciplinary hearing and the appeal meeting. Your employer does not have to let you bring a solicitor to either meeting.

In most cases, there are three compulsory steps your employer has to take.

What are these steps?

First, your employer must tell you in writing what you are alleged to have done wrong and invite you to a meeting to discuss it.

The second step is for you to meet your employer to discuss the allegations. You have a right to take a colleague or trade union official to this meeting. Your employer must inform you of their decision and of your right to appeal.

Thirdly, if you want to appeal against the decision, you must tell your employer. They will invite you to a further meeting, to which you can take someone. Your employer must then tell you their final decision.

There is a slightly different procedure if you have been dismissed without notice on the basis of your conduct.

What happens if my employer doesn't follow this procedure?

An Employment Tribunal will automatically find your dismissal unfair if your employer fails to follow this procedure, for example, if they don't let you bring someone to the disciplinary hearing and appeal meetings. Unless there are exceptional circumstances, the Tribunal will also increase your compensation.

You also have a duty to follow the procedure. So if the Tribunal decided you had been unfairly dismissed, but you missed a disciplinary meeting without a good reason, your compensation could be reduced.

There are strict time limits for making a claim to the Employment Tribunal, normally this is three months. So you should do this as soon as possible.

What should happen before the meeting?

Your employer should let you know the complaint against you and the procedure. They should also inform you of your right to bring someone to the meeting with you and to call witnesses or submit witness statements.

They should tell you the time and date of the meeting as soon as possible. There should be a reasonable time between this and the actual date of the meeting so you have time to prepare. If you don't get enough time, you should explain this to your employer, preferably in writing, and ask them to rearrange it for a later date.

You can ask for help if you have special requirements, for example, if English isn't your first language, you could ask for a translator.

What happens at the disciplinary hearing?

It should be a two-way process. Your employer should introduce everyone and explain the purpose of the meeting and how it will proceed. They should briefly outline the case against you and go through their evidence. They should also ask if there are any special circumstances you want them to take into account.

Then you should have the opportunity to state your case and answer the allegations. You should be able to ask questions, present evidence and call witnesses. If you have brought someone with you, they should be allowed to ask questions as well and you should be able to confer privately. They cannot answer questions on your behalf, unless your employer agrees.

What happens afterwards?

It is good practice for your employer to adjourn the meeting before taking a decision. They should inform you of this as soon as possible, including details in writing of any disciplinary action. The penalty will depend on your contract, but normally the options include:

A verbal or written warning
A final written warning
A disciplinary transfer
A disciplinary suspension without pay
Demotion or loss of seniority
Dismissal, with or without notice.

Can I appeal?

You have a legal right to appeal against a disciplinary decision or sanction. When your employer informs you of any disciplinary action they intend to take they should tell you how and when you can appeal.

The time limit for making your appeal is usually quite short as it's important that the issue is dealt with quickly, particularly if you've been suspended or dismissed. You have a right to bring a colleague or trade union official to your appeal meeting.

At this meeting, you should be able to comment on any new evidence. Your employer should adjourn the meeting before making a decision and should inform you of this as soon as possible in writing. They should also tell you if this decision is final or if you have a further right of appeal.

This fact sheet will give you some basic information about the disciplinary process. You can also listen to it online or download it onto an MP3 player.

Please be aware that this is not legal advice and if you are concerned about any of the issues mentioned you should speak to a lawyer.

You can contact Russell Jones & Walker's solicitors at enquiries@rjw.co.uk.

For more information you can download this fact sheet to read offline or print.