We believe that an employer should not view disciplinary procedures simply as a means of implementing sanctions, they should be seen as a way of helping and encouraging improvement amongst workers whose conduct or standard of work is unsatisfactory.

Before you conduct a hearing with the employee are you mindful of the provisions of the Employment Relations Act 1999?

When drawing up and applying your disciplinary procedures, are the rules of natural justice followed?

The employer must have in mind the decisions of the courts and tribunals on the issue of the ‘reasonable employer,’ section 98 of the Employment Rights Act 1996 and the ACAS Code of Practice.

“...there may be circumstances in which it would be unreasonable for an employer to dismiss an employee for a minor misdemeanour without warning...The failure to give tickets in return for payment was a most serious offence and was likely to lead to dismissal, such a result would be obvious to any employee.”

Lord Justice O’Donnell
Ulsterbus v Henderson, N.I. Court of Appeal

“...where it is considered necessary to have specific penalties attached [then] this should be clearly laid down and made a term of the contract of employment.”

Lord Macdonald,
Employment Appeal Tribunal
Dairy Produce Packers Ltd v Beverstock

LPD would advise all employers to ensure that they have the disciplinary and grievance procedures incorporated into their contracts of employment.