Expending businesses undoubtedly would need spare hands to smooth out the business operations. Small businesses especially those with less than ten people viewed writing up staff disciplinary procedures the least important things to do.
The UK employment law suggests all employers to introduce staff disciplinary procedures at work. As employers, you have to inform your staff of the disciplinary procedures in place and also explain the examples of actions that will amount to disciplinary and/or dismissal.
The Advisory, Conciliation and Arbitration Service (ACAS) published guidance for employers on statutory disciplinary and grievance procedures. ACAS Code of Practice 1 provides details on how to draw up and operate a disciplinary procedure. The code provides reasonable steps of employers must follows in executing disciplinary process. It is also used as a guideline how reasonable you are as employer if your employee brings a claim for unfair dismissal at the Employment Tribunals.
For further information on setting out your company disciplinary procedures, you may contact ACAS at 0845-7474747 or visit their website at www.acas.org.uk.
Generally, the statutory minimum steps you must follow in your disciplinary procedures are discussed below. However, your own disciplinary procedures may allow for more warnings, meetings and other courses of action such as demotion or suspension.
Statutory Disciplinary Procedures
Step 1: Investigate To Establish Facts
Investigate the situation fully by talking to the employee concerned and any other employees who might be able to throw some light on the situation. Gather any evidence you can find including emails and letters. Interview any witnesses and take signed written statements from them if necessary.
Step 2: Invite The Employee Concern To An Investigatory Meeting
You must make it clear to them that the meeting is not part of a formal disciplinary procedure.
The purpose of the meeting is to give them the opportunity to comment on the allegations.
Step 3: After The Investigatory Meeting
Should you think that a formal disciplinary hearing should be conducted then you must inform the employee concern in writing setting out the allegations include evidences supporting the allegations.
You must give the employee the right to be accompanied by a trade union representative or a work colleague.
Step 4: Go Ahead With Formal Disciplinary Hearing
Explain your complaint and your evidences and give the employee the opportunity to state their case, ask questions, give evidence and call their witnesses.
Step 5: Yours Decisions On The Disciplinary Hearing
If you decide on disciplinary action rather than dismissal, you should write to the employee spelling out what the misconduct is, what has to be done about it and the deadline. And explain the consequences if things don’t change – perhaps a final written warning and then the sack.
Step 6: Employee’s Right To Appeal
Try to get another person to chair the appeal hearing if possible. If this is not the option then try to be impartially as possible and don’t be afraid to overturned previous decision. After the appeal you have to let the employee know your final decision.
Failed To Follow Statutory Disciplinary Procedures
If you do not follow the basic disciplinary procedure and any claim against you by your employee will be considered automatic unfair dismissal and the employment tribunal can increase the compensation payable to the employees.
Only employees with more than a year of service are able to bring a claim at Employment Tribunals.
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