Discipline

Susie Munro

Editor's message: You can help avoid disciplinary issues arising in your organisation by having in place clear conduct rules setting out the standards expected of employees and the consequences of unacceptable conduct.

Having a fair disciplinary procedure is essential for dealing effectively with any employee misconduct, while minimising the risk of successful tribunal claims. It is important that you train all line managers on your organisation’s disciplinary policies and procedures. In particular, managers with responsibility for carrying out investigations and holding disciplinary hearings should understand which issues - in the event of a claim - an employment tribunal will consider when deciding if a disciplinary process was fair.

While there is no statutory disciplinary procedure, case law and the “Acas code of practice on disciplinary and grievance procedures” set out basic principles that must be followed.

Susie Munro, senior employment law editor

New and updated

  • Date:
    31 October 2017
    Type:
    Legal guidance

    Halloween is upon us, but what are the most common HR horrors and how should employers deal with them? Alexandra Bonner and Emily Kearsey from Goodman Derrick look at some spooky hypothetical examples.

  • Date:
    31 October 2017
    Type:
    Legal guidance

    With the reports of historical sexual harassment in Hollywood and now Parliament, employees may feel increasingly able to come forward with such claims in the workplace. Will Clift, solicitor at Winckworth Sherwood, looks at how HR should handle them and the legal grounds for allegations of historical sexual harassment.

  • Unfair dismissal: Extent of information in disciplinary investigation report

    Date:
    12 October 2017
    Type:
    Law reports

    The Employment Appeal Tribunal (EAT) has held that including details of previous non-disciplinary incidents in the investigation report did not make the dismissal unfair.

  • Disciplinary rules and procedures

    Type:
    Employment law manual

    Updated to include information on Agoreyo v London Borough of Lambeth, in which the High Court held that the suspension of a teacher was in breach of the implied term of trust and confidence.

  • Podcast: Suspension from work

    Date:
    8 September 2017
    Type:
    Audio and video

    We look at a recent High Court decision concerning the suspension of an employee, and offer practical advice on the approach employers should take towards suspension.

  • Disciplinary procedure

    Type:
    Policies and documents

    Enhanced to include a new section on recording of meetings during the disciplinary process.

  • Podcast: Dealing with covert recordings

    Date:
    18 August 2017
    Type:
    Audio and video

    Employers are increasingly encountering employees covertly recording disciplinary and grievance meetings. In this week's podcast, we discuss how an employer should deal with this.

  • Podcast: Managing an underperforming employee

    Date:
    14 July 2017
    Type:
    Audio and video

    In this week's podcast, we offer practical advice on how to manage an employee who is not performing satisfactorily.

  • Podcast: Companions at disciplinary hearings - tricky scenarios for HR

    Date:
    2 June 2017
    Type:
    Audio and video

    In this week's podcast, we explain what HR should do when faced with some tricky scenarios related to the right to be accompanied at disciplinary hearings. The seven scenarios discussed include a worker requesting a companion with a history of disruptive behaviour, and a worker asking for a postponement at the last minute to find a companion.

  • Right to be accompanied: £2 award after employer turns down employee's chosen companion

    Date:
    20 April 2017
    Type:
    Law reports

    An employment tribunal has held that the employer breached the claimant's right to be accompanied when it refused to allow his chosen companions, trade union representatives, to accompany him at a disciplinary appeal hearing. However, it awarded compensation of £2 only, on the basis that the employer had understandable reasons for the refusal.