Falconers Law have UK employment law specialists that can offer help and advice on disciplinary issues with your employment. Falconers Law can guide you through the whole process from preparation of the hearing right through to the conclusion.
Employers should set out disciplinary issues and the procedure in writing and the employee must be aware of them. It should state what is and is not acceptable in the workplace and how the disciplinary issues procedure is handled. There should be a name and contact details for the person who is in charge of the hearings and outcomes. An employer’s failure to comply does not mean that an employer cannot discipline, but the Acas Code should be followed.
There may be several reasons why the disciplinary issue may be raised, these could be to do with your behaviour at work including time keeping, unauthorised absence, false claims of illness etc. It may also be to do with your standard of work, you may not be working to the standard that is expected.
In an ideal world your employer should discuss the problem with you first before taking any disciplinary issues action. Maybe the problem can be sorted through an informal meet up due to a misunderstanding between you. It is not always suitable or the best way to sort the issues out.
If it is not possible to come to an agreement between you both then the next step would be a formal meeting. The employer should contact the employee in writing detailing the problem. This should give you enough time and information to prepare yourself for the hearing.
During the hearing your employer may explain what the issues are and any evidence there is to support the disciplinary issues. You should then get the chance to answer any questions or queries and go through your side of the issue. After the hearing your employer may issue their decision and should then write to you confirming the outcome. In an ideal world if you are dissatisfied with the outcome you can appeal.
If you are allowed an appeal you must put your appeal in writing to your employer and explain why you disagree with the outcome of the hearing. You should be given the opportunity to have a second hearing and if possible, conducted by a person who was not involved with the original hearing. It should be carried out in the same format as the first hearing and then your employer should again write to you with their final decision. The employer should follow the ACAS guide, this is not a legality however, if there is a claim put in then the compensation level may be affected due the employer not following the guide.
If you are still not happy with the decision made by the employer you will want to think about taking the complaint further, you might want to consider mediation or an employment tribunal hearing claim.
To make a claim to an employment tribunal hearing you must do so within 3 months of the problem or dismissal. Employment tribunal hearings are not as formal as other court hearing’s; however, you will still be required to give evidence under oath or affirmation. Taking your case further can be quite a daunting process and if you don’t have the legal knowledge you may find it tough to deal with. Falconers Solicitors have the experience and full knowledge to take you through the claim and give you all the help and guidance you will require.
In some instances the way that the disciplinary process is dealt may show bias or unlawful discrimination which in addition to showing unfairness may add to the possible compensation. We will study your case in depth so that we can get the most appropriate and deserving outcome.
