Employment Chatts Week 4: Disciplinary Process
- AuthorLeanne Day
In this week's mini-series we look at what should and should not be done by an employer when it comes to the disciplinary process. It is important to be aware that if matters become contested and a claim is made to the Employment Tribunal, any compensation award can be increased by up to 25% if a fair procedure has not been followed.
In today's article we will cover the main do's and don'ts of an appeal by the employee.
- DO allow the employee a chance to appeal any decision made at a disciplinary meeting.
- DO write to them summarising the outcome of the disciplinary meeting and inform them of their right to appeal. Their appeal letter should cover why they are appealing which could include reasons such as new evidence has come to light, they feel the penalty is too severe, or there has been an incorrect procedure followed.
- DO give the employee a time limit in which to submit their appeal, such as 5 working days.
- DON'T allow the appeal process to be delayed. It must be dealt with promptly.
- DON'T allow the same person who conducted the disciplinary meeting to hear the appeal. It should be dealt with by a senior manager or someone independent of the first meeting, with authority to override the previous decision.
- DON'T forget that if it has been revealed that there was a breach in the procedure, staff should be re-trained to ensure that everyone knows the process.
We hope you have enjoyed this mini-series on disciplinary procedures. You can catch up on previous week's here:
In summary, always act fairly, consistently and promptly, keep detailed records of the process, follow Company policies and don't make hasty decisions without following the procedure through from start to finish.
Whether you are an employer or an employee in need of guidance, we are here to help.
Please do not hesitate to contact our friendly Employment Law team on 01205 351 114 or 01522 814 638.