Disciplinary Procedures

Whilst not a legal obligation your employer is now expected to follow an ACAS Code of Practice on Disciplinary Procedures (‘the Code’) when taking any disciplinary action against you. If they fail to do so and an employment tribunal later finds that that was unreasonable the tribunal can increase the amount of your compensation by up to 25%.

If your employer brings disciplinary proceedings against you it should:
- carry out a full investigation to ascertain the facts
- give you written notice of the circumstances which have led them to consider dismissal or disciplinary action and details of the potential consequence for you
- conduct a fair and objective disciplinary hearing
- give you an opportunity to answer the complaint against you and to appeal your employers decision if you do not agree with it.

The High Court has recently held that employees may be entitled to legal representation during the disciplinary process.

If you  think you have been subject to unfair disciplinary procedure you may be entitled to claim compensation from an employment tribunal. Claims to an employment tribunal must be brought within strict time limits so its important that you contact us as soon as possible.