23 January 2020
Sometimes things go wrong and you can find yourself facing disciplinary action. We're here to help.
Nobody plans to get themselves in trouble, and if things go wrong – or badly wrong – you may face disciplinary action.
Most of us don’t go to work to cause problems or deliberately break the rules, but sometimes things happen that land us in hot water. Your employer will have a procedure for dealing with unacceptable or improper behaviour and there are minimum standards that must be followed.
Acas’s step by step guide to disciplinary procedures is a useful place to start.
You’ll also need to find, read and understand your employer’s own disciplinary policy, procedure and guidance. If you’re not sure where these documents are or how you can get copies, we can help with that.
We’ll also be able to help you prepare for any formal hearings and be with you to help you put your side of things when the time comes.
If you’ve been invited to a formal meeting already, get in touch with us right away by completing the representation request form. Let us have as much information as possible before you submit it.
If you’ve not yet been invited to a formal meeting but want to talk through your situation with a professional adviser, get in touch with your local Accord officer.
Investigation meetings or fact finds are informal meetings to discuss the conduct, issue or incident that's occurred. It's an opportunity to gather the facts, and to look at what has happened and establish whether formal disciplinary action is required. It may include presenting you with evidence, or simply seeking your side of the story.
Having an investigatory meeting does not mean that you will be called to a formal disciplinary meeting. Once the facts have been gathered, a decision will be made on the way forward. The outcome could range from no action or informal action, to a formal disciplinary meeting.
Sometimes a period of suspension is required, but this should be to facilitate a thorough and fair investigation, or where there is significant risk to you, other employees, or the business. Suspension is not a disciplinary sanction, and it should not be used as a punishment or to pre-judge the outcome of any investigations.
If you find yourself suspended, you will be told whether this is on full pay (you contract of employment must contain reference to this if your employer is withholding pay), and any terms you need to abide by such as non-contact with other colleagues.
Periods of suspension should be as brief as possible, and investigations should be carried out without unreasonable delay.
Misconduct or gross misconduct
Misconduct is usually where there is inappropriate behaviours or actions that break workplace rules. Some examples include:
Some acts count as gross misconduct or serious misconduct because they are very serious or have very serious effects. Some examples include:
What is seen as gross misconduct can depend on how past cases have been handled, and the type of role and responsibilities you have. Repeated misconduct will often result in a similar level of severity as acts of gross misconduct.
You'll be given written notice of a disciplinary meeting, and you'll be given the option to organise union support too. The invite letter should give you all the information you need to understand the allegation that is being made, the evidence to be considered, the time, date, and location of the meeting, and what the potential outcomes could be.
The appointed hearing manager should be sufficiently independent, and with sufficient seniority to make a decision and any appeals should be heard by someone who has not been involved in the process.
Appeals & dismissal
We’ll help you prepare for any formal hearings and attend meetings with you to ensure a fair process and that you are able to put your side of things across to the hearing manager. When it comes to informal meetings, you don't have the same legal right to representation, but some employers may accommodate a request for accompaniment if there is someone freely available to attend with you.