Discipline

Susie Munro

Editor's message: You can help avoid disciplinary issues arising in your organisation by having clear conduct rules in place. This ensures that employees and managers understand the standards expected of them and the consequences of unacceptable conduct.

Having a fair disciplinary procedure is essential to deal with any employee misconduct, while minimising the risk of a tribunal claim. All line managers should be properly trained in your organisation’s disciplinary policies and procedures. In particular, managers with responsibility for carrying out investigations and disciplinary hearings should understand what an employment tribunal would look at when deciding if a disciplinary process was fair, in the event of a claim.

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

  • 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.

  • Take part in our discipline and grievances survey

    Date:
    20 September 2017
    Type:
    Editor's choice

    XpertHR is exploring the different ways that employers deal with discipline and grievances among employees. This is a totally confidential survey; neither your name nor the name of your organisation will be identified by XpertHR.

  • 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.

  • Darren Newman's podcast: British Home Stores Ltd v Burchell

    Date:
    6 April 2017
    Type:
    Audio and video

    Darren Newman talks listeners through British Home Stores Ltd v Burchell, one of the most significant cases in employment law.

  • Podcast: Employment law update with Darren Newman

    Date:
    3 March 2017
    Type:
    Audio and video

    We discuss the key employment law trends and changes that are affecting the HR landscape, including: gender pay gap reporting; the Trade Union Act 2016; public-sector exit payments and employment status.