This page outlines the steps required to be taken under the 2004 Dispute Resolution Regulations. This is likely to change in the next 12 months and be abolished. There is consultation underway about changes that are being proposed and we will amend this page as soon as possible, after any changes take effect. However for the time being the procedures are as follows.
Where the employer is contemplating taking disciplinary steps against an employee, then certain procedures have to be followed. That includes dismissal, but also demotions, reallocation of duties for performance reasons, imposing a monitoring period for performance reasons or suspension without pay. In these circumstances the steps to be followed:
Step 1
- The employer must put in writing a statement of conduct or characteristics which might lead to disciplinary action or dismissal.
- The letter must be sent to the employee and he/she must be invited to a meeting.
Step2
- Except in the cases of suspension, any meeting must occur before steps are taken.
- The employee must be notified of the case and have an opportunity to consider it before the meeting.
- The employee must take reasonable steps to attend the meeting.
- After the meeting, the employer must notify the employee of the decision and of their right to appeal.
Step3
- If the employee wishes to appeal, they must notify their employer.
- If the employer is notified of an appeal, they must invite the employee to another meeting, which the employee must take reasonable steps to attend.
- The appeal does not have to take place before dismissal.
- After the appeal meeting the employee must be notified of the final decision.
In these circumstances the employee has the right to be accompanied.
If the employer has failed to follow the statutory procedures on a dismissal, then the dismissal will be automatically unfair and any compensation can be increased by between 10% and 50%.
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