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Employment law guide

Disciplinary procedure

In order to fairly dismiss an employee for a breach of discipline the employer should have in place a disciplinary procedure that complies with the ACAS guidelines in its Code of Practice on Disciplinary and Grievance Procedures and the employer and employees must apply the procedures otherwise the dismissal will almost certainly be judged unfair by an Employment Tribunal.

Employers are statutorily required in the written statement of terms and conditions of employment to specify any disciplinary rules applicable to them and indicate the person to whom they should apply if they are dissatisfied with any disciplinary decision. The statement should explain any further steps that exist in any procedure for dealing with disciplinary decisions. The employer may satisfy certain of these requirements by referring the employees to a reasonably accessible document which provides the necessary information.