Disciplinary issues
With vast expertise in disciplinary issues, our team of knowledgeable employment lawyers works on behalf of employees around Scotland.
With broad experience across different circumstances, our employment law experts understand the complexities of disciplinary issues in Scottish workplaces. As a result, we can help you get the best result and ensure any procedure you’re involved in is carried out fairly.
What are disciplinary procedures?
Disciplinary procedures are formal employer procedures to address an employee’s conduct and in some cases, performance.
Often, employers will have a disciplinary policy which ought to be followed where misconduct is suspected. In some cases, the disciplinary issue can be addressed informally, but this depends on the nature of the conduct issue.
Conduct disciplinary procedures
Conduct issues can include bullying, falsification of records, continued lateness, not following reasonable instructions from your line manager, theft, physical violence, gross negligence, or serious insubordination.
Acts of gross misconduct can lead to dismissal without notice, which is known as “summary dismissal”. There is no legal definition of what constitutes “gross” misconduct, but an employer’s disciplinary policy will often give examples of what would be deemed gross misconduct.
A fair procedure should be used to investigate any allegations against you as an employee. Our experts can help you understand the law regarding disciplinary procedures, so you aren’t unfairly punished. Get in touch to find out how we can help.
Performance disciplinary procedures
Poor performance isn’t necessarily your fault and may be due to inadequate training or other difficulties. Often performance issues are dealt with by way of a capability procedure.
What employers should do in case of a disciplinary procedure
While employers should have disciplinary procedures in place, they ought to follow the ACAS Code of Practice on Disciplinary Procedures. This dictates that the employer holds a meeting with the employee to understand the problem from their perspective. They should also provide a clear appeal process.
Where misconduct is alleged, the employer should first send a letter to invite the employee to an investigation meeting. The letter should explain why you have been asked to attend. The employer may also interview witnesses and/or gather other relevant evidence, for example, CCTV.
If the employer deems that it has sufficient evidence to discipline you, it should invite you to a disciplinary hearing. Please note that you have a right to be accompanied at this hearing by a trade union representative or a colleague. The employer should provide you with the allegations against you and any evidence it has gathered.
The meeting should take place with reasonable notice of at least a few days, and you should have the opportunity to present your side of the story and call supporting witnesses.
Please note that you should be allowed to appeal any outcome.
It’s also best practice for the person dealing with the investigation, the disciplinary and the appeal to be different people, to ensure impartiality.
What are the potential outcomes of a disciplinary procedure?
The three potential outcomes of disciplinary procedures are no further action, a warning, or dismissal. If no further action is necessary, you’ll probably agree with your employer to resolve issues with additional support.
If not, your employer may give you a warning, which can be:
- A verbal warning.
- A written warning or improvement notice.
- Final written warning.
ACAS doesn’t recommend a verbal warning as part of a formal procedure but instead, for cases of minor misconduct. Any written warnings should specify how long they stay on your record.
What to do in case of dismissal
If you are dismissed for a misconduct issue, you should appeal that decision and seek legal advice. Although conduct can be a fair reason for dismissal, if the employer can’t show that it had a reasonable belief in your guilt, based on reasonable grounds, and that a reasonable investigation was carried out, the dismissal may be considered unfair by a tribunal.
Further, if dismissal was out of the range of reasonable responses available to a reasonable employer, the dismissal may be considered to be unfair.
Please retain all invites to investigations, disciplinaries and appeals, as well as all outcomes and minutes of all meetings to assist us in advising you.
Please note that the limitation date for presenting a claim for unfair dismissal with the tribunal is three months minus one day from the date of the dismissal.
How we can help
At Allan McDougall Solicitors, we have vast experience helping employees with disciplinary procedures and issues at work. Our team is approachable and knowledgeable, and we help you understand your legal entitlements as an employee regarding any disciplinary procedure.
From helping you resolve matters informally, by way of settlement, or by representing you at an employment tribunal, we work with your best interests at heart and help you achieve a fair outcome.
Get in touch with Allan McDougall Solicitors
If you‘re facing a disciplinary procedure at work, don’t hesitate to get in touch.
Contact us
- Email us
- Call free on 0808 560 0872
- Arrange a callback by using our enquiry form
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