Most employers, at some stage, will have to deal with misconduct and poor performance by a member of staff. When doing so, it is important to ensure that a fair procedure is followed as any resulting dismissal will otherwise almost inevitably be considered unfair by an employment tribunal.
Disputes concerning the conduct of disciplinary and capability investigations and hearings most commonly arise in unfair dismissal claims. We regularly advise employers upon how to conduct disciplinary and capability proceedings, advising on such matters as:
- How much investigation is required
- Who should conduct the investigation
- The employee’s right to be accompanied
- Information to be given to the employee
- How to conduct a disciplinary or capability hearing
- Ill-health and stress
We have many years of experience in advising upon disciplinary and capability proceedings and will advise you upon how to comply with your legal obligations and the Acas guidelines in the Acas Code of Practice on Disciplinary and Grievance Procedures with a view to ensuring that you follow a fair process.