Disciplinary Procedures
On 1 October 2004 legislation was introduced which incorporated into all employees'
contracts of employment statutory dismissal, disciplinary and grievance procedures.
These minimum standards must be followed by employers before an employee may
be dismissed. Where such procedures already exist and are incorporated into an
employee's terms and conditions, those provisions will apply provided they satisfy the
minimum statutory requirements and are fair and reasonable.
In cases involving claims of unfair or constructive dismissal, failure to apply the statutory
procedures will make the dismissal automatically unfair. This may lead to an award of 2
weeks basic pay to an employee. It may also lead to the Tribunal applying an 'up-lift' of
up to 50% to any compensation awarded to the employee.
Care should be taken to ensure disciplinary and grievance procedures comply with the
statutory requirements and are followed when dealing with employees.
Penn Legal is able to draft and advise on disciplinary and grievance procedures tailored
to your company's needs.