All disciplinary procedures
have stages in them -usually about four -but you can have more if required.
AWhether your employee can bring a claim because you have not followed your disciplinary procedures
depends upon whether those procedures form part of his contract.
A IF THERE are any disciplinary procedures
which apply to you, then your contract must specify them or refer you to a document which sets them out.
In a final submission Mr Cole, who broke down in tears, told the panel his objective in following the GTC disciplinary procedure
was to get 'a fair and reasonable hearing'.
As an active trade unionist, I am only too aware of the importance of a fair and clear disciplinary procedure
, for all concerned.
A Glasgow employment tribunal ruled the sacking was unfair because Kirktonholme Nursery in Shettleston, Glasgow, had failed to use the standard disciplinary procedure
Employers must also be aware that if the correct disciplinary procedure
is not followed, the tribunal will make a finding of automatic unfair dismissal, even if the reasons for the dismissal are justified.
A fair procedure is an integral part of a fair dismissal and case law has established that it is in only in exceptional circumstances that an employer can dispense with a disciplinary procedure
and dismiss on the spot, which is what you appear to have done.
Yesterday he said, "Plaid has clearly been shaken by the events of the last few months; perhaps some members feel uncomfortable that certain issues have been raised, and they want to create a new disciplinary procedure
as deterrent against such issues being raised again.
Consider whether to adopt a precautionary approach by applying the new dismissals and disciplinary procedure
to all dismissals and disciplinary action, and whether your organisation can demonstrate compliance with the statutory procedure
Failure to comply with these procedures results in quite severe penalties: where an employer fails to comply with the statutory disciplinary procedure
, any resulting dismissal will be considered by an Employment Tribunal to be automatically unfair and compensation may be increased from 10% up to 50% (or reduced, depending on which party is at fault).
Nicky Benson,an employment law partner at Cuff Roberts, said:``While there is no law that says an employer must follow a formal disciplinary procedure
,anyone with any experience in the employment field knows that to look on them as an `optionalextra'is to play fast and loose with company funds.
If following your investigation you are satisfied that there is no underlying medical or other problem, the situation should be dealt with under a formal disciplinary procedure
Any disciplinary action will be delayed because of Christmas and the lengthy disciplinary procedure
All workers, including part-timers, casual and agency staff, will be able to call on a colleague from the same workplace, or a trade union official, if employers start a formal disciplinary procedure