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Disciplinary Proceedings

Disciplinary hearings are organised and overseen by employers to address issues such as employee conduct, absence and capability. These procedures can present challenges for all concerned. Throughout, it is essentials for employers to have appropriate policies in place and to make informed decisions to ensure no issues arise out of disciplinary proceedings that could have a detrimental impact on their business.

The solicitors at Wilford Smith can provide clear, pragmatic advice on all aspects of disciplinary proceedings to ensure that your position is protected and that the actions you take will protect you from a claim for unfair dismissal or discrimination from your employee. We offer expert support and guidance through the employment disciplinary hearing process, including preparation for hearings, advice on individual cases and, where necessary, negotiating a termination of employment. Get in touch with our team today.

Your duties as an employer

Disciplinary procedure

As an employer, you have a responsibility to provide workers and employees with a written copy of their disciplinary procedure, preferably at the beginning of their employment, and when you formally notify them that you intend to take disciplinary action. This procedure should state:

  • What performance and behaviour may result in disciplinary action
  • What action you may take if an employee breaches the policy
  • What steps will be undertaken during the disciplinary process

ACAS Code of Practice

It is advisable that the disciplinary procedures you put in place follow the ACAS Code of Practice. Failing to do so will not make you liable to proceedings, but an Employment Tribunal will be legally required to take this into account when it is considering relevant evidence.

Contact our Disciplinary Proceedings Solicitors

We regularly advise firms from across England and Wales on a diverse range of legal issues, working tirelessly on their behalf to achieve the right result as quickly and straightforwardly as possible. Whatever the nature of your business, speak to one of the specialist employment lawyers at Wilford Smith today.

To arrange an initial appointment, call us today on 0808 164 1349 or complete our online contact form.

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2022 Wilford Smith is the trading name of WS Strategic Ltd. a limited company registered in England and Wales, registration number 07777022. Registered office – Meadowhall Business Park, Sheffield S9 2EQ. We are authorised and regulated by the Solicitors Regulation Authority. SRA Registration Number 640898.