The Disciplinary and Dismissal Procedure

• Purpose of procedure
• Informal action
• Formal action
• Disciplinary meetings
• Written warnings
• Handling delays
• Definition of general and gross misconduct
• Standard statutory 3-step procedure
• Modified 2-step procedure
• When procedures do not apply.

In addition to the Disciplinary Procedure which form part of the disciplinary and dismissal process:

• Decision of Disciplinary Meeting
• Notice of Appeal Against Dismissal or Disciplinary Action
• Notice of Appeal Against Warning
• Notice of Disciplinary Meeting
• Notice of Result of Appeal Against Dismissal or Disciplinary Action
• Notice of Result of Appeal Against Warning
• Notice of Written Warning
• Reason for Proposed Dismissal.

What is a grievance?
Anybody working in an organisation may, at some time, have problems or concerns about their work, working conditions or relationships with colleagues that they wish to talk about with management. They want the grievance to be addressed, and if possible, resolved. It is also clearly in management's interests to resolve problems before they can develop into major difficulties for all concerned.

What is the statutory disciplinary procedure?
If an employer is contemplating dismissal - or action short of dismissal such as loss of pay or seniority - they must follow a three-step disciplinary procedure. This statutory procedure involves:

• ­ A statement in writing of what it is the employee is alleged to have done.
• ­ A meeting to discuss the situation, and the right of appeal.

If an employer does not follow the minimum procedure then an employment tribunal may judge the dismissal 'automatically unfair'. Compensation will increase or decrease, by between 10-50%, depending on whether it was the employer or the employee that failed to adhere to the new law.

What is the statutory grievance procedure?
The procedure has three steps:

Step One: The employee informs the employer of the grievance in writing
Step Two: Meeting to discuss the grievance and
Step Three: Hold an appeal, if requested

If an employee wishes to use a grievance as the basis of a complaint to an employment tribunal they must first complete Step One of the statutory grievance procedure. Employment tribunals may adjust any award of compensation by between 10 and 50 per cent for failure by either party to follow relevant steps of the statutory procedure. If there are no contracts an employment tribunal can reward a compensation of up to 4 weeks pay.