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.
Zeba Sayed, employment law editor
Updated to remove references to the Fit for Work service, following the cessation of assessment referrals.
The charity Save the Children is being investigated by the Charity Commission over how it handled allegations of misconduct and harassment against senior staff members.
In Fleming v East of England Ambulance Service NHS Trust, the Employment Appeal Tribunal (EAT) held that covert recordings of the private deliberations of the disciplinary panel were admissible as evidence, except for any content covered by legal professional privilege.
Updated to take into account an increase in the cap on a week's pay, with effect from 6 April 2018.
Updated to highlight the impact of the General Data Protection Regulation, in force from 25 May 2018, on this document.
Updated to take account of the General Data Protection Regulation, in force from 25 May 2018.
HR and legal information and guidance relating to discipline.