Disciplinary Procedure

An employer should draw up a disciplinary procedure preferably with union or employee involvement. It is normally a condition of the employment contract that it is subject to the disciplinary procedure in force from time to time. Such a procedure will assist the employer in arguing that he has acted fairly as well as setting down good practice for both employer and employee in disciplinary matters. If there is no such procedure, the provisions of the Advisory Conciliation and Arbitration Service (ACAS) Disciplinary Code would be the standard to be met. Under the Employment Rights Act 1996, where over twenty are employed, information as to the disciplinary procedure must be supplied to new employees within two months of commencement.