What is a disciplinary?
A disciplinary is a formal process in the UK where you have a formal meeting with an employee in the hope of resolving the situation, or eventually dismissing them.
When can they bring a solicitor to the disciplinary meeting?
When the consequences of them being dismissed would mean that they could never work in their profession again. Ever.
The best example of this is a real case where a secondary school teacher was being investigated for inappropriate behaviour with a pupil.
If the teacher was dismissed for that reason, then he would never be able to teach again and would have to do something entirely different.
The Court of Appeal ruled in this case that it was fair and reasonable to allow him to bring a solicitor to each disciplinary meeting.
The consequences of a dismissal based on hearsay and not rigorously tested proof would have been calamitous for him.
The same would apply to a medical professional or even a care worker in a similar situation.
But in our experience, it hasn’t happened with nearly all of the employers we’ve worked with.
- Disciplinary Meeting Tips For Employer - Disciplinary meetings are a crucial part of any fair disciplinary process. The meeting is your employee’s opportunity to hear the case against them and your chance to get their side of the story. You must ensure that any disciplinary meeting you arrange is conducted properly and in line with the relevant guidelines. If you don’t, ... Read more
- How Long Should An Employer Keep Disciplinary Records? - Employers are subject to strict rules regarding both disciplinary processes and record keeping. Navigating the various laws, regulations, and guidelines can be incredibly complex and full of traps for the unwary. Here, our HR experts answer the regularly asked question, ‘How long should an employer keep disciplinary records?’, explain the relevant law, and give tips ... Read more
- Employer Disciplinary Procedures - Employer disciplinary procedures set out how the employer will deal with an employee’s misconduct or poor performance. Employers must put fair, transparent policies in place and follow those policies in all cases. If they don’t, they may face an unfair dismissal claim. Here, our HR specialists explain why it’s essential to follow fair procedures when ... Read more
- Employer Disciplinary Action - Employer disciplinary action is an integral part of running an organisation and managing staff. An employer has a legal duty to ensure that any disciplinary action is not only lawful, but fair. You must follow careful processes to avoid facing an unfair dismissal claim from an employee whose disciplinary action leads to dismissal. Here, our ... Read more
- Sick leave & social media - What can I do if I have an employee who is currently on sick leave from work, but they have been posting images of themselves going out on social media? Managing sickness absence is rarely a straightforward task and dealing with someone that you suspect is not genuinely ill has always been at the trickier ... Read more
- Disciplinaries and solicitors - When can they bring a solicitor to a disciplinary meeting? When the consequences of them being dismissed would mean that they could never work in their profession again. Ever. The best example of this is a real case where a secondary school teacher was being investigated for inappropriate behavior with a pupil. If the teacher ... Read more
- Verbal warnings - When can you give verbal warnings to an employee? Never! Verbal warnings were abolished in 2009. At a recent talk I was asked “but can’t we keep using them, if they are part of our policies and procedures?”.
