A disciplinary procedure (DP) is the method by which an employer deals with unacceptable behaviour in a staff member. The process must be detailed in a written document which is easily available to employees. It will include the company’s rules and what will constitute a breach of them as well as the sanctions the employee will face should they be broken.
Without a DP in place, an employer will not be able to discipline or remove an employee. The law requires a minimum set of procedures to take place before a dismissal, otherwise the employee will be able to claim damages for unfair dismissal. If a DP is in place, the employer can take steps to deal with unacceptable behaviour.
Not always. A DP may form part of the employment contract or it may simply state the procedure to be followed in the event of a disciplinary matter arising. If the DP is contractual then the employer must perform its part of the contract. It may be harder to change a contractual DP within an employment contract.
Submit your enquiry to Lexoo and get quotes from expert employment lawyers who can help draft your agreement or help with any related issues.
Only the most suitable lawyers are invited to quote
Get 3-4 tailored quotes
Have a free, no obligation call with your chosen lawyer