HomeEmploymentDismissal And Disciplinary Procedures – Standard Procedure

Dismissal And Disciplinary Procedures – Standard Procedure

Employment LawIf you feel that you need advice as either an employer or an employee in regard to the standard dismissal and disciplinary procedures, please read this general guide.

For advice and guidance, please do contact us on 01604 624222 or email us at This email address is being protected from spambots. You need JavaScript enabled to view it. .

Step 1: Statement of grounds for action and invitation to meeting

  1. The employer must set out in writing the employee’s alleged conduct or characteristics, or other circumstances, which lead him to contemplate dismissing or taking disciplinary action against the employee.
  2. The employer must send the statement or a copy of it to the employee and invite the employee to attend a meeting to discuss the matter.

Step 2: meeting

  1. The meeting must take place before action is taken, except in the case where the disciplinary action consists of suspension.
  2. the meeting must not take place unless-
    1. The employer has informed the employee what the basis was for including in the statement under paragraph one the ground or grounds given in it, and
    2. The employee has had a reasonable opportunity to consider his response to that information.
  3. The employee must take all reasonable steps to attend the meeting.
  4. After the meeting, the employer must inform the employee of his decision and notify him of the right to appeal against the decision if he is not satisfied with it.

Step 3: appeal

  1. If the employee does wish to appeal, he must inform the employer.
  2. If the employee informs the employer of his wish to appeal, the employer must invite him to attend a further meeting.
  3. The employee must take all reasonable steps to attend the meeting.

The meetings

Each step and action under the procedure must be taken without unreasonable delay.

  1. Timing and location of meeting must be reasonable.
  2. Meetings must be conducted in a manner that enables both the employer and the employee to explain their cases.
  3. In the case of appeal meetings which are not the first meeting, the employer should, as far as is reasonably practicable, be represented by a more senior manager than attended the first meeting (unless the most senior manager attended that meeting.)

Please note that this is a general guide and not in any way conclusive.

 

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