Many employers struggle with handling disciplinary matters and often lose sight of the crucial issues. This results in enormous amounts of wasted management time. We can assist by getting involved in an early stage and guiding you through the process to achieve an effective resolution. We are able to put you in a position where you can successfully defend any subsequent employment tribunal claims.
We have considerable experience of advising employers regarding disciplinary action including dismissals of senior managers and directors. We are there to help with the whole process from the handling of investigation and disciplinary hearings to subsequent appeal hearings.
There are many traps for the unwary employer. Common failings of employers include: failure to give or record warnings properly; failure to give adequate advance notice of a disciplinary hearing or to inform an employee of the complaint being considered and the fact that dismissal might result; failure to inform the employee of the right to be accompanied; managers acting on evidence that the employee has not had a chance to challenge; decisions being made by persons other than the disciplining/appeals officer and appeals being determined by people who have had prior involvement in the matter.
When dealing with conduct issues, the employer will need to establish in an employment tribunal that there were reasonable grounds for the employer to believe that the employee had committed misconduct, that the employer completed a reasonable investigation and that a decision to dismiss fell within the band of reasonable responses. It is important that employers have a disciplinary procedure and adopt and use this procedure. Employers are also advised to comply with the ACAS code of practice.