Could you explain when ‘modified disciplinary procedures’ can be applied?

Posted in : First Tuesday Q&A NI on 6 June 2016
Chris Fullerton
Arthur Cox

As a general rule, employers must follow the “3-step” disciplinary and dismissal procedure when dismissing an employee.

However, it is recognised that there may be some limited instances where, although an employer has dismissed an employee immediately without a meeting, a tribunal will, very exceptionally, find the dismissal to be fair.

To allow for these cases, there is a statutory modified procedure that must be followed by employers. The modified procedure will only apply in very rare cases of gross misconduct where an employer feels that it is justified to dismiss an employee immediately without notice or pay in lieu of notice.

In order to use the modified disciplinary procedure, it must be reasonable for

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Back to Q&A's This article is correct at 06/06/2016
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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.

Chris Fullerton
Arthur Cox

The main content of this article was provided by Chris Fullerton. Contact telephone number is 028 9023 0007 or email Chris.Fullerton@arthurcox.com

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