If you are facing a disciplinary procedure you have recourse to various rights under your contract of employment and the law.
What am I entitled to?
At the start of an employment relationship employers must give employees a written statement containing the main terms and conditions of their employment. This statement, or a separate staff handbook, must contain details about the employer’s disciplinary procedure including the employee’s right of appeal. An employer will be obliged to comply with both their own disciplinary policy and the ACAS Code of Practice on Disciplinary and Grievance Procedures.
Non-compliance by employers with the ACAS Code of Practice can result in a 25% uplift in damages, if successful at the Employment Tribunal.
An employer must:
- Set out the charges against the employee in writing
- Carry out a reasonable investigation relating to disciplinary allegations before a formal disciplinary procedure is invoked
- Provide the employee with the outcome of the investigation, and provide them with an opportunity to respond
- If the employer proceeds to taking disciplinary action, the employee should be notified of the disciplinary hearing
- An employee has the right to be accompanied to the hearing by a colleague or trade union representative .
We can support you by helping you to prepare for the hearing and advising on the possible sanctions and your rights of appeal following the outcome.
If the outcome is dismissal then we can advise you on whether or not there is merit in presenting a claim against your employer at the court or Employment Tribunal.