How do we ensure that our disciplinary procedure does not lead to any legal problems?

 

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6. How do we ensure that our disciplinary procedure does not lead to any legal problems?

Assuming that you have already incorporated the minimum procedural requirements (see question one), the key is to be reasonable, fair and consistent.

If, for example, an employee made a claim of unfair dismissal against you, an Employment Tribunal would check whether:
  • the rules were reasonable;
  • the employee knew about them;
  • the rules avoided being discriminatory;
  • the rules were applied fairly and consistently;
  • a fair procedure was followed;
  • the circumstances and degree of the offence were taken into account.
The requirement for minimum procedures has not altered or changed the existing principles of fairness or reasonableness.