It is good practice for employers to follow a set procedure when conducting disciplinary processes with their employees and it is a statutory requirement that employers issue employees with a copy of their disciplinary policy and procedure or have access to a copy of one.

In situations when you are considering dismissing an employee, employers are required to follow what is called the 3 step Statutory Dismissal Procedure, these 3 steps are as follows:-

1. Invite the employee to a meeting outlining the allegations, stating that the possible outcome may be dismissal from employment.

2. Hold the meeting and afford the employee the right to bring along appropriate accompaniment.

3. Write out to the employee and inform them of the outcome and offer them the right of appeal. If the employee appeals then hold an appeal meeting.

It is critical that a thorough investigation meeting has been conducted to establish the facts prior to making the decision to initiate a disciplinary process.

Failure to follow the 3 step procedure will result in the dismissal being automatically unfair and the tribunals may award an uplift of between 10 and 50% of any compensation awarded.

The composition of panels, independency, thoroughness of the process and reaching a reasonable and fair outcome are very important elements of a disciplinary process and will have a considerable impact on whether your outcome is fair or unfair in the tribunals eyes.

We can provide you with:-

• On site support or advice on how to conduct investigation, discipline and dismissal meetings.

• Provide advice on appropriate questioning and techniques OR

• We can conduct independent investigations and/or disciplinary hearings and present a report on our findings to ensure a thorough and fair process is conducted.

• We can simply advise and guide you through the process to ensure you comply with legislation requirements and have a robust defence case in place in the event an employee initiating a claim in the Industrial or Fair Employment Tribunal against your Company. 

• Advice on legal binding agreements to avoid future litigation and unfair dismissal claims through the industrial tribunals.