FAQs on disciplinary decisions and employment law

 

What is disciplinary action in employment law?

Disciplinary action in employment law refers to action taken by an employer to address the behaviour or performance of an employee. Most businesses have a set of procedures which they follow to resolve the disciplinary issue.

How is disciplinary action different to grievance actions?

Grievance actions are actions taken by an employee against their employer who is dissatisfied with their working conditions or other related issues. In contrast, disciplinary actions are commenced by the employer against an employee.

What is disciplinary action taken for?

Disciplinary action is usually taken to address an employer’s concerns about an employee’s work performance, their attendance at work or their behaviour at work. Many employers have disciplinary actions which come into action when an employee fails to meet the key performance indicators against which their performance is measured.

What are disciplinary procedures?

Disciplinary procedures are the processes and procedures applied by employers when addressing disciplinary concerns. The procedures usually commence with informal discussions and progress to more formal modes of dispute resolution. At the formal end of the process, a meeting will be held to discuss the options for resolving the dispute, which may result in the employee’s dismissal. If an employee is dissatisfied with the outcome of the meeting they should be able to appeal the decision. If appealing the decision internally is unsuccessful, the employee may be able to take legal action in the Employment Tribunal.

What laws apply to disciplinary decisions?

The Advisory, Conciliation and Arbitration Service (Acas) Code of Practice on Disciplinary and Grievance Procedures sets out guidance for both employers and employees on recommended disciplinary and grievance procedures. If the Code is not followed, the employee is likely to have a stronger claim in the Employment Tribunal.

If you would like to obtain legal advice on disciplinary decisions and employment law, then Caven can put you in touch with a local specialist employment law solicitor free of charge. So if you have any questions or would like our help in finding local employment law solicitors please call us on 08001 221 2299 or complete the web-form above.

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