Disciplinaries and dismissals

Disciplinaries, dismissals and how to dismiss fairly to avoid Employment Tribunals

All businesses, regardless of size and management, will inevitably face the need to deal with issues of poor performance, allegations of harassment, bullying or discrimination. They may also have to tackle suspected misconduct, ranging from the petty and trivial to the most serious matters of theft and fraud.

Often, managers are too busy and inexperienced to conduct a comprehensive and impartial investigation. This is where our team can help provide a definitive step by step guide of what to do, by whom and when.

In particular, we can help in the following ways:

  • Advising on best practice in dealing with short service employees (often an area where employers fall foul of the law as there are a number of claims that can be brought by employees who may have just started in employment, or even who you believe are not employees at all)
  • By organising and assisting you to carry out a full investigation into complex issues involving many staff who may be witnesses or who may have made allegations against other colleagues
  • Ensuring that you follow a fair procedure which is compliant with the ACAS Code
  • Drafting invitation letters to disciplinary meetings, disciplinary sanction and appeal outcome letters

Advising you on the appropriate sanction (i.e. a warning or dismissal).

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