What are Disciplinary and Dismissal Procedures?
Disciplinary and dismissal procedures are in place to ensure a fair and reliable work environment for all employees. Employers should set out in the company’s disciplinary policy what is acceptable and unacceptable behaviour and the consequences if employees fail to adhere to these policy regulations.
‘The NI Employment Order 2003 (Dispute Resolution) Regulations (NI) 2004, establishing The Statutory Disciplinary and Dismissal Procedures.
Steps of the Disciplinary and Dismissal procedure
The employer must write a formal letter to the employee to notify their intention to pursue disciplinary action towards the employee. In this letter, they must set out the reason for disciplinary action or dismissal, by stating their poor behaviour in the working environment. The employer must allow the employee to take into account these reports and invite them to a meeting to discuss the matter. In the letter the employee must be made aware that they can bring a fellow employee or Trade Union Representation if they wish to have them present in the meeting.
2. The Meeting
The meeting must occur before the employer takes any further disciplinary action. If the employee cannot attend the meeting due to medical reasons, they must provide medical evidence to the employer so they can reschedule, but if they fail to attend without medical reasons, then the meeting will proceed in their absence. Once the meeting finished the employer must form a written decision which notifies the employee of their decision in writing and the grounds of their decision. If the final decision is against the employee’s best interests, then the letter should also highlight that the employee has the right to appeal the employer’s decision.
3. Appeal Meeting
If the employee wishes to appeal the employer’s decision, they must send a written notice to their employer. Then an appeal meeting will be conducted by the employer, who must write a letter of invite to the employee requesting their attendance. In this letter, the employer must notify the employee of their right a work colleague or a Trade Union Representative with them to the meeting. The same attendance regulations apply to the Appeal as it did with the Disciplinary Meeting.
Following the Appeal meeting, the employer must notify the employee of the outcome in writing.
How we can help
Our solicitors at P.A. Duffy & Company are able to advise on all Disciplinary and Dismissal procedures. At P.A. Duffy and Company, we can tailor our services to both employers or employees who are encountering Disciplinary and Dismissal procedures. We understand that it can be complex and taunting for both parties to deal with and therefore we dedicate ourselves to your case. Our legal experts have experience of dealing with clients dealing with Disciplinary and Dismissal procedures therefore we are well placed to guide you through the process and treat your case with professionalism, clarity and sensitivity to achieve the best outcome for you and your business.