![]() ![]() You can't take your employer to an Industrial Tribunal because they haven't followed the Code but if you make an unfair dismissal claim the Code can be taken into account. The Labour Relations Agency (LRA) has produced a Code of Practice on disciplinary procedures. On top of the statutory minimum procedures, there are other steps that an employer would be expected to take in order to be reasonable. If your employer has laid down a disciplinary procedure that forms a part of your contract then you could sue for breach of employment contract if they haven't followed it. ![]() However, these must meet the statutory minimum disciplinary procedures. You employer can set out their own disciplinary procedures in your employment contract. You normally need at least a year's service before you can make an unfair dismissal claim.ĭisciplinary procedures in your employment contract If your employer dismisses you without following this process, then if you make an unfair dismissal claim, the dismissal will normally be 'automatically unfair'. a letter setting out the reasons or reasons why they are considering disciplinary action.Your employer’s disciplinary procedure should include the following steps: Statutory minimum disciplinary proceduresīy law, at present there are certain minimum steps that must be included in a disciplinary procedure - these are known as the 'statutory minimum procedures'. However, they can go straight to their formal disciplinary or dismissal procedures. This is often a good way of resolving a problem quickly. It should include the rules, what performance and behaviour might lead to disciplinary action, and what action your employer might take.īefore taking formal disciplinary action or dismissing you, your employer may try to raise the matter informally with you. Your employer must put their disciplinary procedure in writing, and make it easily available to all staff. It allows them to explain clearly what improvement is needed and should give you an opportunity to put your side of the situation. How disciplinary procedures workĪ disciplinary procedure is sometimes the best way for your employer to tell you when something is wrong. Employers use disciplinary procedures to tell employees that their performance or conduct isn't up to the expected standard and to encourage improvement. ![]()
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