Every business’ internal disciplinary procedure should comply with the Acas Code of Practice on Disciplinary and Grievance procedures.
Following a flawed, or no procedure could lead to an unfair dismissal claim and/or breach of contract claim if the procedure is contractual.
Our specialist employment team at Eric Robinson Solicitors will review your policy and make sure that it’s compliant. We’ll also advise on how best to apply the procedure in real-life workplace situations.
It may be that an issue with an employee can be resolved without applying your disciplinary procedure, and it’s important to really consider if formal action is needed. Informal discussions may be more appropriate. but remember that if your "informal discussions" lead to a written warning which is retained on the employee’s personnel file, it will probably be viewed as a formal disciplinary warning and you would need to have followed a fair procedure in advance of giving it.