Discipline: Deal with a misconduct issue
When to use this discipline flowchart
Use this discipline flowchart to deal with possible misconduct issues in line with the "Acas code of practice on disciplinary and grievance procedures"; carrying out a fair investigation, holding a disciplinary meeting and offering the right of appeal.
While any failure to follow the code is not actionable in itself, an employment tribunal hearing a relevant case will take the code into account, and may increase any compensation awarded by up to 25% where the employer has unreasonably failed to comply with it.
The proper use of a disciplinary procedure is a key component in determining whether or not a dismissal is procedurally fair.
Key steps
- Conduct a disciplinary investigation
- Invite the employee to a disciplinary meeting
- Inform the employee of the disciplinary penalty and right of appeal
- Hold the disciplinary appeal hearing
Key "What if...?" events
- What if? … the employee goes off sick during the disciplinary process
- What if? … the employee raises a grievance during the disciplinary process
- What if? … the employee fails to attend a meeting under the disciplinary procedure
