Kent Solicitors

Follow any contractual or non-contractual procedure already published but if there is none…..

Appoint someone to carry out an investigation to establish the facts.

If you then decide to take disciplinary action, write to the employee concerned with detailed allegations and possible consequences

Attach copies of any written evidence

Ask him to attend a disciplinary hearing at a given time and location.

At the hearing

your representative (preferably someone other than the investigator) should explain the case and go through the evidence gathered

Allow the employee to answer all the allegations, ask questions and call witnesses.

Decide (preferably after due consideration, rather than instantly) whether any disciplinary action is necessary and write to the employee accordingly

If the issue is
o Performance or conduct, give a first written warning setting out a timetable and pattern of improvement for the employee to follow. Consider training. Write down the consequences of failure

o Extremely serious, give a final written warning.

o Gross misconduct, you might consider dismissal without notice

Indicate how long the decision will remain on the employee’s personnel file

Set out the right to appeal and how they should go about this

Hear the appeal (preferably using different, more senior managers)

Write to the employee confirming or overturning the decision or amending any penalty. Indicate how long the decision will remain on the employee’s personnel file

Labels: disciplinary, docklands, Employment, kent, misconduct, solicitor, Unfair dismissal

An employee makes a complaint, but says it should be dealt with informally.

Do not do this as it is a trap!

Treat all informal complaints as step 1 notifications under the statutory grievance procedure

Carry out the full statutory procedure (i.e. arrange a step 2 meeting).

Labels: Unfair dismissal

The maximum compensatory award for unfair dismissal increases to #63,000

Michael Breeze, Kaslers Solicitors LLP 07 900 195 195 www.kentsolicitor.co.uk

Labels: Unfair dismissal