Disciplinary & Dismissal Procedures
When an employee has done something wrong, or their
performance has failed to meet the required standard, you need to
be able to address the issue with confidence, without fear of any
recriminations or possible claims.
We can provide you with the confidence to approach
any conduct or capability issue in the workplace, and work with you
to achieve your desired
result. Even if you have your
own internal disciplinary procedure, this may not tell you how
exactly to deal with a particular situation, nor reflect the
relevant statutory rules.
If you are of a mind to dismiss a particular
employee, then we will provide you with the means to achieve this,
whilst limiting your exposure to risk as far as we
can.
There are strict procedures that you must
follow in order to discipline and dismiss an employee.
Together with showing that you have a valid reason for
dismissal and that you have acted reasonably, there are
also specific statutory rules that need to be followed to avoid
giving the employee a clear route into a successful Employment
Tribunal claim, and an enhanced award of
damages.
We can assist in the formulation of tailor-made
disciplinary procedures, to reflect your priorities and common
problems that may arise within your business or industry
sector. Similarly, we can assist with education and training
for those members of your management team to whom responsibility
for dealing with disciplinary matters may be
delegated.
And of course, should the need arise, we
can assist you during the course of any disciplinary or
dismissal process, to give you the confidence to achieve your
desired result, whilst minimising your exposure to any risk of a
claim for unfair dismissal.