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.
Lawrite services have been used by thousands of small business employers in the UK to give them the legal documents and the HR and employment law support they need.
Buy the Lawrite Documents package now at the Lawrite Lawshop and be producing contracts of employment, employee handbooks and health and safety statements within minutes.
Bishopsgate Law, solicitors with offices in London and Hertfordshire, are employment law and employment tribunal experts.
If you are an employee and looking for legal advice about an employment tribunal claim, an employment rights guide written specifically for employees, and a free employment tribunal claim assessment by e-mail, go to this page for more information:
Lawrite helps UK employers deal with employment law compliance and find solutions to their legal and HR problems.
Subscribe to the Lawrite Employer Support Service for employment law, HR and health and safety documents, law guides and legal advice from employment lawyers.