Disciplining employees

Putting in place and following proper disciplinary procedures is absolutely vital to avoid dismissals becoming unfair.

We can advise you on what procedures you need to follow and can help you decided what disciplinary sanction is appropriate.

Irrespective of the circumstances, in every case where you are considering starting a disciplinary procedure, you need to ask yourself the following questions before you take any steps:

Why?

Why are you considering taking disciplinary action?

Usually this will be because the employee has done something wrong or because the employee is not performing their job properly. 

How?

What procedure should you be following?

It is imperative that you follow the ACAS Code of Guidance when carrying out any disciplinary procedure.  A failure to follow the code can lead to any compensation awarded against you in an employment tribunal being increased by up to 25%.  In addition, you should have in place your own company disciplinary procedure and you should make sure that you follow it properly.

What?

What action are you considering taking?

Understanding the action you are considering taking will help you to plan the disciplinary procedure more effectively. 

Having answers to those questions will help you formulate the next steps. In particular, if you think you might be forced to dismiss an employee, it’s all the more important to make sure that you keep any mistakes to an absolute minimum.

Meet the team

Kathryn Casey-Evans
Partner
Employment
Southampton
023 8082 0468
07881 343956
Employment
Simon Rhodes
Senior Partner & Head of Employment
Employment
Southampton
023 8082 0547
07884 184 613
Employment
James Humphery
Senior Solicitor
Employment
Salisbury
01722 426915
Employment
Phoebe Geal
Legal Assistant
Employment
Southampton
023 8082 0504
Employment
Mila Ragi
Legal Secretary
Employment, Agriculture & Rural Property
Salisbury
01722 426904
Employment, Agriculture & Rural Property