Discipline and dismissal
Contents
Employer responsibilities
Employers must handle disciplinary matters fairly and follow a formal disciplinary procedure. They must also make sure employees are not unfairly dismissed, including in redundancy situations.
Failing to do so can lead to costly claims at an Employment Tribunal.
Disciplinary procedure
This section focuses on how to put in place disciplinary rules and procedures, and how to follow them if an employee's performance or conduct isn't up to the expected standard.
It covers:
- what disciplinary procedures cover and why;
- which disciplinary and dismissal procedures to follow;
- how to investigate disciplinary matters;
- disciplinary meetings;
- penalties; and
- employee appeals.
Dismissal
If you're considering dismissing your employee, this section can help you to act lawfully and follow a fair process. It includes sections on:
- unfair dismissal;
- when an employee can bring an unfair dismissal claim;
- permitted reasons for dismissal;
- following a fair process, including when there's employee misconduct;
- special cases; and
- what happens if you lose an unfair dismissal claim.
Redundancy procedure
See this section for information on how to follow a fair redundancy procedure. It covers:
- the basics;
- types of redundancy;
- your redundancy obligations;
- consulting with employees at risk of redundancy; and
- redundancy payments.
Settling disputes
See this section to learn about:
- how to use negotiation or arbitration to reach an agreement; and
- the role of settlement agreements (or compromise agreements in Northern Ireland).
Related services
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Discipline & dismissal (pack)Compatible region(s): Scotland Northern Ireland England WalesFree
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Employee disciplinary appeal hearing letterCompatible region(s): Scotland Northern Ireland England WalesFree
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Employee disciplinary meeting letterCompatible region(s): Scotland Northern Ireland England WalesFree
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Employee disciplinary meeting outcome letterCompatible region(s): Scotland Northern Ireland England WalesFree
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Employee dismissal letter after previous disciplinary action and an appeal hearingCompatible region(s): Scotland Northern Ireland England WalesFree
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Employee dismissal letter following previous disciplinary actionCompatible region(s): Scotland Northern Ireland England WalesFree
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Employee dismissal letter for gross misconductCompatible region(s): Scotland Northern Ireland England WalesFree
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Employee dismissal letter for gross misconduct after an appeal hearingCompatible region(s): Scotland Northern Ireland England WalesFree
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Employee formal appeal hearing outcome letterCompatible region(s): Scotland Northern Ireland England WalesFree
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Employee suspension letter pending investigations of allegationsCompatible region(s): Scotland Northern Ireland England WalesFree
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Settlement agreementCompatible region(s): Scotland Northern Ireland England WalesFree
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Disciplinary rules and procedures policyCompatible region(s): Scotland Northern Ireland England WalesFree
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Employee handbookCompatible region(s): Northern Ireland England WalesFree
Law Guide
- Discipline and dismissal
- Employee rights
- Working time regulations
- Flexible working
- Discrimination and equal pay (England, Wales and Scotland)
- Discrimination and equal pay (Northern Ireland)
- Overview
- Age discrimination
- Bullying in the workplace
- Sexual orientation discrimination
- Religious belief or political opinion discrimination
- Disability discrimination
- Race discrimination
- Sex discrimination
- Marital status
- Pregnancy and maternity
- Gender reassignment
- Equal opportunity
- Equal pay
- Enforcement of rights
- Adoption leave and pay
- Maternity leave and pay
- Shared parental leave and pay
- Paternity leave and pay
- Parental bereavement leave and pay
- Parental leave and rights
- Carer's leave (England, Wales and Scotland)
- Pay and the minimum wage
- Emergency dependant leave
- Study or training (England, Wales and Scotland)
- Part-time working
- Whistleblowing by staff
- Working for a new owner
- Pensions
- Employing staff
- Flexible working
- Grievances
- Other compliance issues
- Sickness absence