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Disciplinary Procedures

Wainwright Timms LLP is a boutique law firm specialising in employment law and licensing law, based in the City of London.

If an employer has any concerns about an employee’s work, conduct or absence, they may be able to commence formal disciplinary action against them. In order to do so, the employer must have a written disciplinary procedure in place where it is specified what performance and behaviour could lead to disciplinary action and what action the employer is able to take. These procedures must then have been made readily available to all employees. If your employer fails to follow the procedures set out in the disciplinary procedures, you could sue them for breach of contract (link). A breach of procedures may also lead to a finding that a dismissal was unfair.

An employer is not required to raise the matter informally with the employee but can opt straight away for formal disciplinary or dismissal procedures. An employee is entitled to defend his or her work, conduct or absence as well as appeal against any disciplinary action that the employer has taken at a disciplinary hearing.

How we can help

We have over twenty years experience in advising both employers and employees about disciplinary procedures. If you require any advice about drawing up disciplinary procedures (perhaps as part of a company handbook) or making sure that your disciplinary procedures are being correctly followed, do not hesitate to contact us (link) for expert legal advice.