Under the Employment Act 2002 all employers are required to specify any rules applicable to the employee and any procedure for taking disciplinary actions or dismissal, either in the employee's written statement or by making reference to some other document where the details can be found.
A disciplinary procedure enables an employer to address, either formally or informally, issues arising from employees’ conduct, attendance or job performance. By implementing and following procdures which adhere to the ACAS Code of Practice on Disciplinary and Grievance Procedures and complying with the Statutory Dismissal and Disciplinary procedure, employers will be in a stronger position to demonstrate that it has dealt with these issues quickly, effectively and fairly, should any claim be made to the Employment Tribunal.
The following sections provide step by step advice to managing misconduct situations. For guidance on the the application of the Code of Practice and the statutory procedure to poor performance and ill-health see the sections on Capability and Absence.