Employers use disciplinary procedures to tell employees that their performance or conduct isn't up to the expected standard and to encourage improvement. If you have been disciplined at work find out about the disciplinary process and what your employment rights are.
What is a disciplinary procedure?
A disciplinary procedure is a way in which your employer can tell you that something is wrong. It allows them to explain clearly what improvement is needed and should give you an opportunity to put your side of the situation. It can lead to disciplinary action, including dismissal in more serious cases.
Your employer should put their disciplinary procedure in writing, and make it easily available to you (for example, by giving details in the staff handbook). It should include:
- your employer's disciplinary procedure rules
- what performance and behaviour might lead to disciplinary action
- what action your employer might take
Your employer must also give you in writing the name of a person you can apply to if you are dissatisfied with your employer’s decision.
You employer can set out their own disciplinary procedures in your employment contract. If your employer has laid down a disciplinary procedure that forms a part of your contract then you could sue for breach of contract if they haven't followed it.
During a disciplinary procedure, if your employer does anything that you think is unreasonable you should tell them in writing and suggest ways to solve the problem. They may decide to carry on with the procedure anyway, in which case you might decide to use the issue as grounds for an appeal.
Where to get help
If you face disciplinary action, and aren't sure what to do, you can always get advice about your rights. Acas (the Advisory, Conciliation and Arbitration Service) and your local Citizens Advice Bureau (CAB) provide free and unbiased advice. If you are a member of a trade union, you may be able to get help from your trade union representative.
Taking disciplinary or dismissal action
Before taking formal disciplinary action or dismissing you, your employer may try to raise the matter informally with you. This is often a good way of resolving a problem quickly. Sometimes the problem may be the result of a misunderstanding, and you may be able to provide evidence to clarify the issue.
Your employer may decide to go directly to their formal disciplinary or dismissal procedures.
Procedures for handling disciplinary and dismissal situations should be in writing, specific and clear. Your employer should make it easily available to you, for example, by giving details in the staff handbook. It should include the rules, what performance and behaviour might lead to disciplinary action, and what action your employer might take.
The revised Acas Code of Practice on disciplinary and grievance procedures sets out the principles of what you and your employer should do to achieve a reasonable standard of behaviour in handling disciplinary or dismissal situations at work. In line with the Acas Code, your employer’s disciplinary procedure is likely to include:
- a letter from your employer
- a meeting with your employer
- being able to appeal your employer’s decision
Suspension from work
Your employer may be able to suspend you while the disciplinary or dismissal issue is being looked into. You should be told why you are being suspended.
If your employment contract allows you to be suspended without pay, your employer can do so, so long as they are acting reasonably. If your employment contract does not say that your employer can do this, your employer may still be able to suspend you with pay. To make it clear that this isn't a punishment, the suspension will be on full pay in most cases.
You keep your employment rights and if you don't get the right pay you may be able to make a claim to an Employment Tribunal for 'unlawful deduction from wages'.
You may be told not to talk to other employees, customers and/or suppliers. If this stops you defending yourself, it may be grounds for appeal. It is up to you whether you listen to this but your employer may take further disciplinary action if you don't.
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