Statutory dismissal and disciplinary procedures

Statutory dismissal and disciplinary procedures

The standard (three-step) dismissal and disciplinary procedure applies in the majority of situations when an employer is contemplating dismissing or taking relevant disciplinary action¹ against an employee. The modified (two-step) dismissal and disciplinary procedure applies only where an employer dismissed by reason of conduct without notice or any payment in lieu of notice, immediately after it became aware of the conduct, and where it was reasonable to dismiss before enquiring into the circumstances in which the conduct took place.

Step

Required actions

Standard procedure

Step one: statement of grounds for action/invitation to meeting

The employer must set down in writing the employee's alleged conduct or characteristics or other circumstances that lead it to contemplate dismissing or taking disciplinary action against the employee, send this statement or a copy of it to the employee, and invite the employee to attend a meeting to discuss the matter.

Step two: meeting

The meeting must take place prior to any action being taken, except where the disciplinary action consists of suspension. By the time of the meeting the employee must have been informed of the basis for including the ground(s) given in the step-one statement, and have had a reasonable opportunity to consider his or her response to that information. The employee must take all reasonable steps to attend the meeting, and after the meeting the employer must inform the employee of its decision and of his or her right of appeal.

Step three: appeal

If the employee wishes to appeal, he or she must inform the employer. The employer must then invite the employee to attend a further meeting to determine the appeal, which the employee should take all reasonable steps to attend. Any disciplinary action or dismissal may occur prior to the appeal meeting. After the appeal hearing the employer must inform the employee of its final decision.

Modified procedure

Step one: statement of grounds for action

The employer must set out in writing the alleged misconduct that has led to the dismissal, the basis for the thinking at the time of the dismissal that the employee was guilty of the alleged misconduct, and the employee's right to appeal against the decision, and send this statement or a copy of it to the employee.

Step two: appeal

If the employee wishes to appeal, he or she must inform the employer. The employer must then invite the employee to attend a meeting to discuss the appeal, which he or she should take all reasonable steps to attend. After the appeal meeting the employer must inform the employee of its final decision.

LEGAL TIMETABLE

Forthcoming law

Coming into force

Pension provisions in age Regulations come into force

1 December 2006

The introduction of the provisions of the Employment Equality (Age) Regulations 2006 that prohibit age discrimination in relation to pension schemes when terms of employment are offered has been delayed until 1 December 2006. This includes the provisions concerning whether or not age alters a new employee's chance of being invited to join a pension scheme.

Public sector duty to promote equality for disabled people comes into force

4 December 2006

The Disability Discrimination Act 2005 will place a duty on public bodies to promote equal opportunities for disabled people. Public authorities will be required to have due regard to the need to eliminate unlawful discrimination against disabled people and promote equality of opportunity for them.

Public authorities duty to promote gender equality introduced

6 April 2007

The duty will require public sector bodies to draw up a scheme identifying gender equality goals; develop, publish and regularly review a policy on equal pay arrangements; and assess the impact of new legislation, and changes to policies, employment and service delivery.

Right to request flexible working extended

6 April 2007

The right to request flexible working will be extended to carers of adults. An employee will be able to make a request to work flexibly in order to care for someone who is the spouse, civil partner or partner of the employee, a "relative", or someone who lives at the same address as the employee.

Open consultations

Closing date

Employment Equality (Sexual Orientation) (Religion or Belief) (Amendment) Regulations 2006

2 January 2007

The government is consulting on regulations to amend the Employment Equality (Sexual Orientation) Regulations 2003 and Employment Equality (Religion or Belief) Regulations 2003 to ensure that they are in line with EU Directives for employment and vocational training. The changes mean that protection against discrimination on the grounds of sexual orientation and religion or belief is extended to individuals who receive training at a school but are not employed by the school.
Available at: www.dfes.gov.uk/consultations/conDetails.cfm?consultationId=1376 .

Education (Prohibition from Teaching or Working with Children) Amendment Regulations

2 January 2007

The government is consulting on proposals to amend the Education (Prohibition from Teaching or Working with Children) Regulations 2003 and Day Care and Child Minding (Disqualification) (England) Regulations 2005. The changes include extending the rules automatically barring an individual from working with children to those who are cautioned for a sexual offence against a child or for a range of serious sexual offences against adults.
Available from: www.dfes.gov.uk/consultations/conDetails.cfm?consultationId=1423 .