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Browse frequently asked questions and answers on key HR issues. Navigate by topic or key word search. View latest additions or suggest a question to the XpertHR editorial team.
Why is it important for employers to have clear disciplinary rules and procedures? What are an employer's minimum obligations with regard to disciplinary rules and procedures? Which areas should be covered in a company's disciplinary rules? Is there a minimum disciplinary procedure that employers must follow? What are the pros and cons of making a disciplinary procedure contractual? In what circumstances can a misconduct issue be resolved informally? In what circumstances will it not be appropriate to try to resolve an issue of misconduct on an informal basis? If, during informal discussions about a disciplinary issue, it becomes apparent that the matter may be more serious than first envisaged, what steps should the employer take? Does an employee have the right to be accompanied by a colleague or trade union official at an informal meeting to discuss minor misconduct? Should employers have written rules on work-related social events? Can employers discipline pregnant employees? Where an employee who is subject to disciplinary proceedings is a trade union representative, what additional steps should the employer take? Can an employer dismiss an employee who has less than the service required to claim unfair dismissal without following its disciplinary procedure? Will invoking the company disciplinary procedure be the best means of dealing with all instances of absence and poor performance? Is there a set number of warnings that an employer must give an employee prior to dismissal? What should an employer do on becoming aware that an employee has committed an act of misconduct?
Gross misconduct is a single act of misconduct that is serious enough on its own to justify the employee's immediate dismissal. As there is no statutory definition of what constitutes gross misconduct, it is up to each employer to define what types of conduct will be regarded as gross misconduct. It will be important for employers to do this clearly so that employees and their managers properly understand the types of conduct that will lead to dismissal.
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