Workplace Disciplinary Procedure

Disciplinary ProcedureIf you are going through a disciplinary procedure at work, it will help you to understand the process that your employer is required to follow.

They should either have their own disciplinary process in place or follow the Acas Code of Practice on disciplinary and grievance procedures.

If your employer fails to follow a procedure that is included in your employment contract, you could have a valid claim for breach of contract. In addition, an employment tribunal could penalise them for not following the Acas guidelines.

At Toner Legal, our expert employment lawyers can advise you of your rights during disciplinary procedures and make sure that the correct process is followed.

Our disciplinary procedure services include:

  • Discussing your case with you and establishing whether the correct procedure has been followed by your employer and your rights observed
  • Advice on the strengths and weaknesses of your case
  • Putting together a defence on your behalf and advising you in advance of your disciplinary interview
  • Preparation of an appeal against the outcome of a disciplinary hearing
  • Negotiating your exit.
  • Employment Tribunal Claims.

Establishing whether the correct disciplinary procedure has been followed

Presuming you have at least 2-years service (the minimum required to claim Unfair Dismissal), the minimum requirements in a disciplinary procedure are:

  • Receiving notice of the disciplinary meeting
  • Being advised if there is a risk that you could be dismissed
  • Receiving a copy of any evidence your employer may have
  • Being advised of the allegations against you in writing
  • Being notified that you have the right to be accompanied to the disciplinary meeting
  • Receiving the result in writing
  • Being advised that you have the right to appeal your employer’s decision

If your employer fails to follow this procedure (or its own policy), this could impact them negatively if your case were to go to an employment tribunal. This means that you might be in a stronger position and your employer might be more open to negotiation if they have made errors in the handling of your case.

Our employment lawyers can go through any paperwork you have received and check that your employer has dealt with you fairly and in compliance with the rules.

Even if you don’t have 2-years service, there may be other things that you can claim for.

Advice on your disciplinary case

We can look at any evidence against you and give you an honest assessment of your position. If there are weaknesses in your employer’s case, we will identify them and discuss the next steps with you. We may be able to request that your employer end the disciplinary procedure if we can establish that there is no case to answer.

Disciplinary procedure defence

It is crucial to prepare thoroughly before a disciplinary hearing. As well as going through your employer’s case, we can make sure that you have a robust defence. This will include relevant documents supporting your position, such as service records, statements from colleagues and evidence such as letters or emails.

We will also make sure you have your defence in writing to refer to during the meeting. The points in your defence will be clearly set out and will directly address each aspect of the case against you. We can help you prepare for the meeting and ensure that you are ready and able to robustly defend yourself.

You have the right to take a colleague or trade union representative to the meeting with you. You do not have a right to take a lawyer with you, but if your employer does allow a legal representative, we will be happy to attend the meeting.

Appeal against the outcome of a disciplinary hearing

If you have been through a disciplinary procedure and you do not agree with the outcome, you have a right to appeal. We can go through what has happened and advise you of the correct appeal process, as well as putting together the strongest possible case on your behalf.

For more information about handling the disciplinary process, see How to Beat Disciplinary Hearings.

Contact our disciplinary lawyers

If you are facing a disciplinary procedure, your livelihood could be at stake. You are advised to speak to an expert disciplinary lawyer as soon as possible to ensure that you are able to respond robustly to the allegations against you.

As employment lawyers, we regularly provide advice and representation to employees facing disciplinary hearings and we would be happy to help you defend yourself and your position.

Get In Touch

Please call us on 0207 118 9218 or complete a Free Online Enquiry and we will be in touch.