Disciplinary

What is disciplinary action and can our Tunbridge Wells Solicitors help ?

A disciplinary procedure is normally used to deal with misconduct.  It should not apply to cases involving genuine sickness absence, proposed redundancies or poor performance.  All employees should be treated fairly and consistently.  Each case will be assessed on its own merits.

An employee facing disciplinary action will often find that the proceedings are a very stressful experience. To help you understand whether you are being treated fairly by your employer  it can really help to ask the opinion of a specialist employment solicitor. We can advise and support you throughout the course of any disciplinary action you may face. 

We can advise on all aspects of the disciplinary process, regardless of the nature of the allegations.   Usually the disciplinary process involves suspension, investigation, disciplinary meetings, the issue of a disciplinary penalty, and then the right of appeal.  The range of penalties issued once disciplinary action has commenced includes a first written warning, a final written warning and dismissal.

If appropriate we can help you raise the issue of a compromise agreement with your employer, in the event that you decide you would prefer to terminate your employment during the course of the disciplinary proceedings.

The following are examples of matters that will normally be regarded as misconduct and will be dealt with under a disciplinary procedure.  The list is intended as a guide and is not exhaustive.

         Poor timekeeping

         Unauthorised absence from work

         Refusal to follow instructions

         Excessive personal email or internet use

         Offensive behaviour

         Minor breaches of your contract of employment

Gross misconduct is a serious breach of contract and will normally lead to dismissal without notice or pay in lieu of notice (summary dismissal).  The following are examples of matters that are normally regarded as gross misconduct.  The list is intended as a guide and is not exhaustive.

         Theft or fraud

         Physical violence

         Serious breach of health and safety rules

         Serious breaches of confidence

         Causing loss, damage or injury through serious negligence

         Causing deliberate damage to buildings, fittings, property or equipment

As an employer, taking disciplinary action against an employee should be done with reference to your disciplinary procedure. A key requirement for an employer is to act fairly and reasonably within the meaning of the law, and to follow the correct procedures at all times.  This is not easy to do without the advice of a specialist employment solicitor, which is where we can help.

We can draft or update your disciplinary procedure, and advise on its application in practice with regard to specific situations with your employees.

In the first instance please either call us on 0845 603 0708 or complete the form on the right and we'll call you.

National Solicitors

Disciplinary Lawyers

Tunbridge Wells