If your employer is taking disciplinary proceedings against you, it’s important to know all of your rights before attending a hearing.
If you feel you have been unfairly disciplined at work and want to know the steps to protect or assert your rights, our dismissal and disciplinary solicitors can help. We can advise you as to your employment rights and assist in agreeing a resolution with your employer.
If you are disciplined at work for performance, conduct or absence issues your employer needs to ensure that the correct processes are followed in order to remain compliant with their legal obligations. If they do not follow the proper process a dismissal that might otherwise be fair could be considered unfair, or even if a fair process is followed, a dismissal might be judged too harsh or being inconsistent with the way others have been treated for the same offence.
Your employer should put their disciplinary procedure in writing and make it easily available to all staff e.g. in a staff handbook. It should say what performance and behaviour might lead to disciplinary action and what action your employer might take. It should also include the name of someone you can speak to if you do not agree with your employer’s disciplinary decision. If your employer does decide to discipline you, they should follow a prescribed process:
If your employer does not follow this process that in itself does not give you reason for a claim, but if you do take them to an Employment Tribunal and win, it may mean could get a larger settlement. Your employer may also have put their disciplinary procedure in your employment contract – if that is the case and they do not follow these procedures you may be able to bring a claim against them for breach of contract.
By law employers must set out a grievance procedure and share it in writing with all employees, e.g. in a staff handbook. It must include:
Your employers do not have to include information about the grievance procedure in your employment contract but if they do, they must follow the procedure, or you may be able to bring a breach of contract claim against them.
Being sacked, legally known as dismissed, from your job often feels unfair. Whilst your employer is allowed to dismiss people, they must have done it legally and not for a ‘automatically unfair’ reason.
It’s always ‘automatically unfair’ if you’re dismissed because you:
Your employer should tell you why they’re dismissing you, and if you are pregnant or have worked for your employer for at least 2 years, you have the right to request a written explanation. You have 3 months less a day from your last day of employment to start taking action for an unfair dismissal.
Depending on the circumstances, you may be able to challenge your dismissal by using your employer’s appeal process or making a claim to an employment tribunal, if you have an unfair dismissal claim and have worked for your employer for more than 2 years
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