conduct

The legal principles involved in handling disciplinary issues are covered elsewhere in this Guide ( Discipline ). In summary, before deciding to dismiss an employee for misconduct, a company should ensure that:

The rules were clear - that is, the employee knew that the act he or she committed would be viewed as misconduct.
It has carried out a reasonable investigation of the conduct and its surrounding circumstances.
Before the disciplinary hearing was held, the employee was given reasonable warning of the case against him or her, to enable him or her to prepare a response.
At the disciplinary hearing the employee had the option of being accompanied by a colleague or trade union official, and was given a fair opportunity to put his or her side of the case.
Dismissal was the appropriate sanction for the employee's conduct, in the light of the severity of the offence, the circumstances in which it was committed, the way in which the company treated other employees who were guilty of the same offence, and the employee's previous disciplinary record and employment history.
The employee was given a fair opportunity to appeal against the decision to dismiss.
The company has met the requirements of the statutory minimum dismissal procedure ( minimum dismissal procedures ).

acas: discipline and grievances at work

The EEF Employment Guide is intended to provide general guidance only. It does not purport to be comprehensive or to give legal advice. Users should always seek specific legal advice before taking or refraining from any action. Information and documents on this website are prepared in accordance with the laws of England, Wales and Scotland. Users accessing from Northern Ireland should be aware that different laws and interpretations may be applicable to Northern Ireland.