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Disciplinary Hearings: Advice to Employers and Employees

We are Disciplinary hearing Solicitors

Some employers, faced with the need to bring disciplinary action against an employee for what ever reason, will find the process difficult to conduct reasonably and fairly.

The disciplinary misconduct may be something relatively minor, such as someone who is persistently late. Alternatively the disciplinary issue may be more significant, such as theft, fighting, serious breach of rules or falsifying sickness absence, all of which could potentially amount to gross misconduct.

Especially if you are considering dismissing someone, you need to take care to ensure that you carry out a reasonable investigation, have followed a fair procedure and have reasonable grounds on which to dismiss. If you do not follow a fair disciplinary procedure, the dismissal may well be unfair.

Whilst it is true that employees taken on since the 6th April 2012 now need two years service to bring ordinary claims of unfair dismissal, there may be claims for which two years service are not required, and therefore employers would generally be wise to follow a minimum fair procedure and to always offer the right to appeal in the event of dismissal.

It may be that what you are really concerned about, is your employee’s performance or sickness absence in the role, in which case a Performance Procedure or a Sickness Absence Procedure may be more appropriate.

We can provide you with a free disciplinary procedure and have considerable experience in advising employers get through this process in a fair, safe manner.  We can advise you at our offices in Holborn, London WC1V or by telephone, email etc.

Do you need some free employment law advice? Call us today on 0207 118 0950 for a free initial chat with a solicitor for some more specific advice on fair disciplinary procedures.

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