If your employer has concerns about your work, absence or conduct, they are able to undertake formal disciplinary action against you. This is a set approach which allows employers to deal with disciplinary issues.
1. Informal Discussion
Your employer may decide to speak with you informally before conducting any procedure, to discuss issues and attempt to resolve matters. However, your employer is under no obligation to do so.
2. Disciplinary Procedure in Writing
Your employer should have their disciplinary procedure set out in writing and ensure that all of their staff are able to access this easily. Broadly speaking, it should reflect the ACAS guidance.
This procedure should outline the following:
3. Letter Outlining the Issue
If your employer wishes to take disciplinary action against you they should send you a letter outlining details of the issue.
A Disciplinary Hearing should be arranged to discuss matters further.
4. Disciplinary Hearing
This will be a meeting between you and your employer which should be held before any disciplinary action is taken. This meeting should be held at a reasonable time and place.
The Disciplinary Hearing is a platform for your employer to explain the complaint which is being made against you and discuss the evidence. It is also an opportunity for you to put forward your point of view.
You are able to take either a colleague, trade union representative or trade union official with you to this meeting, however, you will be required to inform your employer of their identity beforehand.
If any new and significant facts are raised at this stage the meeting can be rearranged to a later date. Similarly, if you or your companion cannot make the scheduled Disciplinary Hearing, the date should be moved.
5. Disciplinary Decision
Following the Disciplinary Hearing the employer should write to you informing you of the outcome and any action that they are going to take. This could include:
6. Opportunity to Appeal Decision
You will then have the opportunity to appeal any disciplinary decision if you believe that it is unfair.
You will need to write to your employer informing them of your decision to appeal.
You should then be offered an Appeal Hearing which is another meeting to discuss your appeal. This should be held by someone who was not at the Disciplinary Hearing. You also have the right to a have a companion at this meeting.
7. Final Decision
Once these steps have taken place your employer should inform you in writing of their final decision.
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