An Employee's Guide to Disciplinary Procedures

28 April 2022
Finding out your employer has raised concerns, or a complaint, about you or your work can often feel upsetting and uncomfortable. If you do find yourself in this situation, it’s important to know what to expect and exactly how to deal with disciplinary procedures. You should also be aware of some of the most common reasons for disciplinary action to be taken.
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If you’ve recently been told that your employer has decided to begin a disciplinary procedure against you, we understand that it can be difficult to deal with. By making yourself aware of the processes and procedures, you have a better chance of resolving the matter in a positive way. Here at John Fowlers Solicitors, we’re experienced in helping clients navigate through a wide range of employment related issues. We’ve compiled some useful information to help employees through a disciplinary process. 

For all employment law enquiries, please get in touch with our Employment Law Solicitors in Colchester today.

Most common reasons for disciplinary action

There are several reasons as to why your employer might decide to start a disciplinary procedure against you. Typically, these include issues with your behaviour at work, absence from work or the standard and quality of your work. 

How disciplinary procedures work

Your employer should have the disciplinary processes clearly outlined in their contracts and staff handbooks. This should detail company rules and explain what performance or behaviour could lead to a disciplinary procedure, and what action your employer might take as a result of this. It’s important that all employees make themselves familiar with the rules and processes relating to their employment and the company’s disciplinary procedures. 

In some cases, your employer may try to resolve the issue informally. However, depending on the circumstances, an employer can go straight to their formal disciplinary or dismissal procedures. Despite this, there are a number of ‘statutory minimum procedures’ that must be followed. Your employer is required to write a letter which sets out their reasoning for disciplinary action. They must also arrange a meeting to discuss the issue, come to a disciplinary decision and offer a chance to appeal this decision. 

Making an appeal after a disciplinary hearing 

If you do not agree with your employer’s decision, you should be given the opportunity to appeal against their decision. If you choose to appeal, you might find that this helps if you later decided to go to an employment tribunal. If you cannot reach a positive or mutually beneficial outcome, you might decide to make a claim to an employment tribunal. Interested in finding out more about employment tribunals? Check out our recent blog post on understanding employment tribunals

If you require further information and support regarding employment matters, please get in touch with our team of Employment Law Solicitors in Colchester. We provide support to both employers and employees on a wide range of matters.

We’re experienced in providing representation and legal advice on a range of employment law matters. Contact Karen Morovic for support with all your employment law needs.

Speak to an expert:
Karen Morovic 
01206 593433