Susie Munro

Editor's message: A fair disciplinary procedure is essential to enable your organisation to deal with any employee misconduct, while minimising the risk of a tribunal claim. Clear disciplinary rules can also help to avoid disciplinary issues arising in the first place, by ensuring that employees and managers understand the standards expected within the organisation and the consequences of unacceptable conduct. So it is important that rules are set out clearly, publicised to all staff and applied consistently.

All line managers should be properly trained in the 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

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