Disciplinaries

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.

 

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  • Disciplinary And Grievance Procedures - Your people are often your business’s most valuable asset, so it’s vital that you look after them and treat them fairly to facilitate staff recruitment and retention. Proper disciplinary and grievance procedures are an essential HR function. They ensure your workforce understands your stance on disciplinary issues and what you expect of them. They also ... Read more
  • Disciplinary Policy - Your disciplinary policy details how your business deals with employee disciplinary issues. It should ensure all employees are treated fairly, and harmonise decision making relating to disciplinary issues within your organisation. In turn, these factors can reassure your workforce and avoid you facing legal action for unfair dismissal. Call us now on 01491 598 600 ... Read more
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  • Disciplinary Procedure - As an employer, one of your most important responsibilities is establishing and adhering to a clear disciplinary procedure. Disciplinary procedures not only ensure that you address any issues relating to an employee’s capability or conduct fairly and consistently, but also significantly mitigate the risk of you facing an unfair dismissal claim. Here, our HR experts ... Read more
  • Disciplinary Procedures In The Workplace - Clear disciplinary procedures in the workplace are integral to the fair treatment of your staff. They provide a clear structure for dealing with issues arising from an employee’s performance or competence and ensure that all employees are treated consistently in similar circumstances. Employers must implement and adhere to clear disciplinary processes, and a failure to ... Read more
  • Disciplinary Hearing - Before taking any formal disciplinary action against an employee, it’s crucial to follow a fair disciplinary process. A disciplinary hearing is a key element of this process. You must conduct the disciplinary hearing properly and in line with the relevant legal requirements. This ensures your employee fully understands the nature of your concerns and is ... Read more
  • Does An Employer Have To Disclose A Disciplinary In A Reference UK? - Except in specific industries, an employer has no legal obligation to provide a reference to employees leaving their employment; the choice of whether or not to do so is yours to make. If you agree to give a reference, the information you provide must be fair and accurate. This often leads to businesses asking the ... Read more
  • What Is A Disciplinary Hearing? - Dealing with employees’ misconduct and poor performance is a common challenge for employers. Issues such as persistent lateness, subordination, or ongoing failures to meet targets may cause you to consider taking disciplinary action against an employee. However, it’s crucial to remember that proceeding with disciplinary action without first following a fair process may leave you ... Read more
  • How To Prepare For A Disciplinary Hearing As An Employer - Disciplinary issues are a thorny area for employers. Regardless of the situation and the strength of your position, failing to follow a fair and lawful process can result in you facing an unfair dismissal claim. The disciplinary hearing is a key aspect of the disciplinary process. Before you can impose any sanctions on the employee ... Read more

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