Dismissal & Disciplinary Matters Solicitors in Edinburgh, Wick, Inverness & Aberdeen
Clear dismissal and disciplinary procedures can help employers to manage their employees to ensure that acceptable standards of conduct and performance in the workplace are maintained.
For employers, operating within a set framework can help to resolve issues with employees swiftly and without unnecessary disruption to their businesses. For employees, the law provides specific protections to try to ensure that they are disciplined or dismissed fairly.
It is of vital importance that employers follow fair procedures when they are dealing with dismissal and disciplinary matters. This is important not only so that both parties can learn and move on from the experience, but also so that they do not act contrary to policies, procedures and employment legislation. At BBM Solicitors, our expert employment lawyers are ready to provide timely and accurate advice to employers and employees in relation to dismissal or disciplinary matters.
Dealing with Disciplinary Matters and Dismissal Fairly
If an employee’s conduct or performance has fallen below an acceptable standard, perhaps because of bad timekeeping or unjustified absences, employers may need to follow a disciplinary or dismissal procedure. Although there is no set process for dealing with employee misconduct or poor performance, any procedure that is used must be properly followed and any resulting sanction must be reasonable. It is therefore important for employers to decide on a fair and transparent set of rules setting out what amounts to unacceptable conduct or performance, and procedures for dealing with disciplinary matters and dismissal.
Employers should also make sure that they follow the ACAS Code of Practice on Disciplinary and Grievance Procedures. Failure to do so may result in an increase in an award of compensation should an employee take a claim to an employment tribunal. The Code lays down key principles for handling disciplinary situations and emphasises that minor matters should be first treated informally so any problems can ideally be resolved quickly and confidentially.
Where an employee’s conduct or performance becomes more serious, it is important that employers do not unduly delay holding meetings or making decisions. Employers should make sure that they act consistently, give employees a chance to be heard and allow an employee to appeal if they don’t agree with a formal decision.
If a disciplinary or dismissal procedure isn’t properly followed or the sanction imposed is unreasonable, an employer may be in breach of contract and open to a claim in the employment tribunal or civil court from an employee. Our specialist employment law solicitors can help you get the right rules and procedures in place.
Contact our Expert Employment Solicitors
Dealing with, or being subject to, dismissal or disciplinary matters can be a stressful experience. At BBM Solicitors, our expert employment lawyers have vast experience helping employers follow the proper procedures and making sure employees’ rights aren’t infringed.
For clear advice and assistance about Employment Law, contact our expert team at BBM Solicitors by calling us in Edinburgh 0131 526 3280, Wick 01955 604188 or by filling out our enquiry form.