What is the statutory disciplinary procedure?
If an employer is contemplating dismissal or action short of dismissal such as loss of pay or seniority they must follow a three-step disciplinary procedure. This procedure requires the employer to: provide a statement in writing of what it is the employee is alleged to have done hold a meeting to discuss the situation, and advise the employee of his/her right of appeal It is imperative that the employee is advised of his/her right to be accompanied at any disciplinary meeting. Usually this will be by a work colleague or a trade union representative. If an employer does not follow the minimum procedure, then an Employment Tribunal is likely to find the dismissal automatically unfair. Compensation is then likely to be increased or decreased depending on whether the employer or employee failed to adhere to the new law.
