It is advisable to keep a written record of disciplinary proceedings, not least to ensure that full and accurate evidence can be given of the way in which the proceedings were handled if a dismissal is later challenged as unfair or discriminatory.
The ACAS Code suggests that the records should include:
- the complaint against the employee;
- the employee's defence;
- findings made and action taken;
- the reasons for the action taken;
- whether an appeal was lodged;
- the outcome of the appeal;
- any grievances raised during the disciplinary procedure; and
- any subsequent developments.
These records are personal data and so must be kept in a way that complies with the requirements of the Data Protection Act 1998. That means that they:
- must be accurate;
- should be no more extensive than is necessary;
- must be kept confidential;
- should be retained no longer than is necessary; and
- the employee has the right to have access to them, except to the extent that they reveal information about another person who does not consent to disclosure.
The ACAS Code advises that copies of meeting records should be given to the worker, although in certain circumstances - for example, to protect a witness or to comply with the data protection legislation - some information might be withheld.