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Guide to dismissal and disciplinary rules

Aug 15 2005

When the need arises to take disciplinary action against an employee you must follow the following standard three-step dismissal and disciplinary procedure.

Step 1: Put it in writing
You must write down what the employee has done that may result in their dismissal or disciplinary action and send a copy to the employee.

Step 2: Meet and discuss
You must invite the employee to a meeting at a reasonable time and place in order to discuss the matter. The employee is entitled to be accompanied by a colleague or trade union representative if they choose. Following the meeting, you must tell the employee what you have decided and offer your employee the right to appeal against your decision.

Step 3 Appeal
If the employee wants to appeal, they must tell you. You must then invite the employee to a further meeting to hear the appeal. Where possible a more senior manager should attend this meeting. The employee is entitled to be accompanied by a colleague or trade union representative if they choose. After the meeting, give the employee your final decision.

Comments [1]
Comment by Jane Rawlins
Wednesday 11th March 2009

Note that this all changes in April 2009. The statutory three step procedure will no longer be mandatory but employers will need to take the new ACAS code into consideration when dealing with discipline. Failure to do so will not make the process automatically unfair but could give rise to an uplift to any compensation payable if a tribunal does find against the employer.


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