Disciplining Employees
On 1st October new laws on dismissal and disciplinary procedures come into force. Many local companies employ employees and from that date even small employers must have a written disciplinary procedure. This enables employees to know what steps will be taken if they are consistently late for work, rude to customers or whatever the problem might be.
Paul Seath, an Associate in our Employment Department, says: “For most cases there will be a three step disciplinary procedure:
- Step one – send employee written details of the alleged issue, and inform them of the basis for your concerns
- Step two – invite employee to a hearing and after inform the employee of the result and the right of appeal
- Step three – the employee notifies the employer if they will appeal and if so, an appeal hearing takes place.
This procedure must be used when considering dismissing an employee on a number of grounds such as incapability, misconduct, redundancy, retirement, non-renewal of a fixed term contract. It is also used when something such as suspension without pay is considered.
If the employer does not follow the procedure then the dismissal is automatically unfair if the employee has served one year’s minimum service (which is a requirement for unfair dismissal cases). There is a modified procedure where the employer is lawfully dismissing the employee without notice for very serious gross misconduct. In that case written confirmation is given of the alleged misconduct and the employee is told of their right of appeal and then if the employee wishes to appeal the appeal hearing then takes place. There is also a statutory grievance procedure.
Also for the first time from 1 October 2004 an employee can obtain 2 – 4 weeks’ pay (capped at £270 per week) for failing to give employees written particulars of their employment or an employment contract. Many employers fail to have such contracts and break the law. Now is a very good time to check compliance with these new rules and the existing employment legislation and get tight good clear employment contracts drawn up.”
For further information contact Paul Seath on (0117) 929 0451 or e-mail pseath@metcalfes.co.uk
This press release summarises the law on issues which we believe may be of interest to your business. It is not a comprehensive review of the subjects and accordingly is published without responsibility for loss occasioned to any person(s) acting or refraining from action as a result of information published