Did you know a procedural flaw in a disciplinary process can result in a technical finding of unfair dismissal at a Employment Tribunal? A mistake that can cost you thousands in compensation awards and months of stress as you go through the tribunal system.
We’ve set six simple questions to ask yourselves to find out whether you are likely to be on the right side of the law.
1. Do you keep your investigation separate from the disciplinary process? You should have different people carrying out the distinct responsibilities, ensuring impartiality throughout.
2. Does your procedure contain the right to be accompanied to disciplinary meetings, and the right of appeal against sanctions? Both are statutory rights after 2 years service.
3. Do you give a reasonable amount of notice of any disciplinary meetings to the employee. They will need to prepare their case, considering any evidence you have for the allegations.
4. Do you set out any warnings or dismissals in writing? Another statutory right after 2 years service.
5. Do you give a minimum of statutory notice on dismissal? (1 week after 1 month’s service and thereafter 1 week per year of service up to a maximum of 12 weeks).
6. Have the relevant people involved in handling disciplinaries received training? Allowing them to conduct the process fairly and award a proportionate sanction, should one be needed.
If you can answer ‘yes’ to all six of these points you are in a good position to be compliant when dealing with a disciplinary.
If you haven’t answered ‘yes’ or just aren’t sure where to start, we offer a policy writing as part of our services, training to equip them managers with the skills they need, and we can join you or your managers in those meetings, providing on the ground support and giving you peace of mind that you’re meeting your legal obligations.