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Employment Solicitors - Statutory Disciplinary Procedures
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Employment Law Solicitors:
Statutory Disciplinary
Procedures
Under the Employment Act 2002 (Dispute Resolution)
Regulations 2004, employers must at the very least
follow the statutory dismissal and disciplinary
procedure (DDP) when dismissing an employee or
taking relevant disciplinary action for the
procedure to be fair. |
It is advisable to follow the standard DDP in all
disciplinary and dismissal situations. The standard DDP is a
3 step procedure which is as follows:-
-
Step 1: Letter from the employer to the employee
setting out the circumstances which have led them to
consider dismissal or disciplinary action. The letter
should also invite the employee to a disciplinary
meeting and the employee should be provided with
sufficient time to prepare for that meeting.
-
Step 2: Disciplinary meeting. Employee should be
notified of decision post meeting and advised of their
right to appeal.
-
Step 3: Appeal. Employer should appoint a more
senior manager to represent them at the appeal.
Employers, however, do have the option of using the so
called ‘modified’ DDP in the following circumstances:-
-
The employee was dismissed for gross misconduct without
notice.
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The employee was dismissed immediately the employer
became aware of the gross misconduct.
-
The tribunal determines that dismissal without notice is
justified in the circumstances and that no further
investigation into the gross misconduct was required.
The modified DDP is a 2 step procedure which is as follows:-
-
Step 1: Letter from the employer detailing the
alleged gross misconduct which brought about the
dismissal and the reasons why the employer believed the
employee to be guilty. The letter should also state that
the employee has a right to appeal.
-
Step 2: appeal.
Nevertheless, tribunals have usually been loath to find
that the modified DDP is ever justified even in the most
extreme cases of gross misconduct. Given this, employers
should, as stated above, never use the modified DDP. The
standard DDP should therefore be used in all cases.
Should an employer fail to follow the DDP (note: DDP
does not apply to collective redundancies of 20
employees or more) and proceed to dismiss the employee,
the dismissal would amount to automatic unfair dismissal
and the employee would be entitled to claim an up to 50%
uplift in compensation on what they would otherwise
expect to receive at tribunal. When gauging procedural
fairness, the following applies:-
-
DDP not followed = automatic unfair dismissal
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DDP followed but employer failed to follow own
disciplinary procedure or other pertinent procedure =
dismissal not unfair should the employee have ultimate
been dismissed had the other procedure been followed.
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Reason for dismissal unfair = unfair dismissal.
-
DDP does not apply (e.g. collective redundancies
involving more than 20 employees) and no fair procedure
followed = dismissal not unfair should the employee have
been dismissed had a fair procedure been followed.
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The Employment Law
Solicitors, the brand, is part of Antrobus
Solicitors, a firm regulated by the Solicitors
Regulation Authority. Details of the
professional rules which regulate solicitors can
be found at the following website address:
http://www.rules.sra.org.uk
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The Employment Law Solicitors - handling cases nationwide:
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