In Employment Law, Legal Advice

Unfair Disciplinary Action At Work happens across the UK on a daily basis. It is a difficult process for both the employer and employee. At Rawlins Davy, we have seen plenty of cases of unfair disciplinary action at work and have helped individuals fight their case.

What Is Disciplinary Action?

Disciplinary procedures happen for various reasons. An employer may take disciplinary action due to an employees behaviour, absence from work or standard of work. The first step would usually be an informal chat, but if the problem continues, this is where a disciplinary procedure may be used. Keep note of the informal conversation and include what was discussed and agreed.

An employer will follow the Acas Code of Practice if they start disciplinary action. This Code of Practice sets standards of fair and reasonable behaviour to be followed whilst dealing with a dispute. Through the official disciplinary procedure, you should keep note of the details.

What Is The Disciplinary Process?

If your employer should follow the ACAS Code of Practice, there is a certain disciplinary process they will take. The first step of this would be a letter. This will include a full explanation to the reason they are calling for disciplinary action. After this, a meeting will be arranged to discuss the problem and you can have a colleague or a trade union representative in this meeting. This is your chance to set out your case in the meeting. After the meeting, the employer will inform you of their decision.

Appealing Against Unfair Disciplinary Action at Work

If you do not agree with the decision your employer has made, you have the opportunity to appeal against it. Your appeal should be made in writing within a reasonable period of time. Your letter needs to include reasons for the the appeal and this will result in a second meeting. Should you disagree with their decision again, you might be able to go to mediation or make a claim to an employment tribunal.

Mediation is a fair and equal process where a mediator listens to all sides arguments and helps to resolve the issue between the employer and employee.

Another step you can take is going to an employment tribunal. You should make the claim within 3 months after your disciplinary hearing. An employment tribunal is a legal process where evidence is given under oath. Our personal legal solicitors have years of experience dealing with theses kind of issues. Speak to one of the team to discuss your unfair disciplinary action at work.

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