The Issues

The disciplinary procedure applies to all potential dismissal actions: whether the dismissal is on the basis of the employee's capability or conduct, in a redundancy situation, on non-renewal of a fixed term contract and, in certain circumstances, where the dismissal is on the basis of retirement.

Failure to follow the procedure is automatically unfair dismissal, allowing the employee to take you to a tribunal to claim at least fours weeks' salary.  To avoid an unfair dismissal claim you must ensure you follow the procedure.

The actual procedure is a straightforward 3 step process: you must write to the employee setting out the basis of your complaints and if you are considering dismissing them.  You must then invite them to a meeting where the issue can be discussed and they can put their side.  The employee is entitled to be accompanied to the meeting either by a colleague or by a trade union representative.  After the meeting you must then inform the employee of your decision in writing and you must allow them a right to appeal, again with a meeting.  The grievance procedure follows a similar 3 step process.

The fact you have complied with the statutory procedure does not automatically make the dismissal fair: you must have acted fairly and reasonably throughout.

 

"Don't be melon... choly"