Employment law and Disciplinary Action

In employment law, disciplinary procedures have become increasingly important as a result of changes to the law in recent years. If an employer wishes to dismiss an employee, they may have to follow one of the statutory disciplinary procedures.

In employment law, disciplinary procedures do not have to be followed in the following cases:

• Where an employee is alleging constructive dismissal
• Collective redundancy (this is where more than 20 people are being made redundant within a 90-day period)
• Where the employer’s business ceases to function

The above is not an exhaustive list. There are other scenarios in which disciplinary procedures do not have to be followed. Employers should seek legal advice if they are unsure whether they are obliged to follow a disciplinary procedure in a particular case.

As a result of updates to employment law, disciplinary procedures should be put in writing. In some cases, disciplinary procedures are written into contracts of employment. If these procedures are not followed, then the employee could sue for breach of contract.

An employer should have a staff handbook which sets out their disciplinary procedures. The handbook should state the employer’s rules and the type of behaviour which might lead to disciplinary action being taken against an employee. Employers are legally obliged to give employees written details of whom they can appeal to if they are dissatisfied with their decision.

If you would like to obtain legal advice and information on disciplinary procedures in employment law, Contact Law can put you in touch with a local specialist employment solicitor free of charge. So, if you have any questions or would like our help in finding local employment solicitors please call us on 0800 1777 162 or complete the web-form above. 

Last Updated on 05/12/2011