Do formal disciplinary procedures have to go through a 3-step approach from a good practice or legal perspective?

Posted in : First Tuesday Q&A NI on 4 November 2014
Emma-Jane Flannery
Arthur Cox

While employers can be flexible about how formal or extensive their disciplinary procedures need to be, there is a legal requirement to follow the “statutory dismissal and disciplinary procedure”, which in summary, involves the following three steps:

* A statement in writing of what the employee is meant to have done wrong (the allegation) and what the employer is contemplating;

* A meeting with the employee to discuss the situation and a decision; and

* Offering the right of appeal.

This procedure applies when the employer is contemplating dismissing or taking “relevant disciplinary action”

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Back to Q&A's This article is correct at 02/09/2015
Disclaimer:

The information in this article is provided as part of Legal-Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.

Emma-Jane Flannery
Arthur Cox

The main content of this article was provided by Emma-Jane Flannery. Contact telephone number is 028 9023 0007 or email Emma-Jane.Flannery@arthurcox.com

View all articles by Emma-Jane Flannery