Help with Disciplinaries

It can be extremely stressful facing disciplinary proceedings at work – whether for poor performance or conduct. Employers must act fairly and reasonably throughout the process, including in determining whether, and for how long, to suspend you. Our lawyers are here to provide advice and support and, in appropriate circumstances, may even be able to assist you in negotiating an exit from work on financial terms if you feel that a return to work would not be tenable in any circumstances.

You will be naturally concerned that your employer has pre-determined the outcome and that your job is at risk.  However, in order to fairly dismiss an employee who has more than two years’ continuous employment for either poor performance or conduct, the employer must:

1.  Conduct an independent investigation
2.  Consider whether there is enough of a case to answer in order to proceed to a disciplinary/capability hearing
3. Give sufficient notice of the hearing to the employee and provide details of the allegations and the supporting evidence
4. Make reasonable adjustments if the employee has a disability
5. Allow the employee to produce evidence of his/her own
6. Allow the employee to be accompanied to the hearing by a work colleague or union representative
7. Act reasonably in treating the conduct/performance complained of as sufficient to warrant dismissal in all the circumstances
8. Give a right of appeal which should be considered by someone independent of the initial process.