If you manage employees, from time to time discipline and dismissal will be an inevitable part of your work. Employers are under a duty to follow their procedures, make a decision that is sensible and proportionate on the facts and take all mitigating circumstances into account. Applications to tribunal have increased significantly in recent years and going to tribunal is always tough, even when you are absolutely in the right. Using real life examples, this book talks the reader through the legal framework, best practice, tactics and how to prevent getting into difficulty in the first place.
- content :-
- Overview of the Ebook
- Introduction
- The legal framework
- The reasonable employer
- Standards and rules
- Capability and conduct
- First steps
- The investigation
- Preparation for a disciplinary hearing
- Handling the disciplinary hearing
- Sanctions
- Appeals
- Grievances raised during the discipline process
- The legal framework
- Introduction
- ACAS Code of Practice 1
- ACAS: fairness
- ACAS: disciplinary process
- Legal representation
- The reasonable employer
- Introduction
- Characteristics of the reasonable employer
- Standards and rules
- Introduction
- Standards
- Rules
- Capability and conduct
- Introduction
- Capability (‘Can’t’)
- Poor work performance
- Ill health
- Conduct (Won’t’)
- First steps
- Introduction
- How to handle an informal discussion
- Informavl v formal discussions
- Tips
- The investigation
- Introduction
- How to carry out an investigation
- Investigation checklist
- Witnesses
- Suspension
- Preparation for a disciplinary hearing
- Introduction
- Right to be accompanied
- Chairing the disciplinary hearing
- Introduction
- Disciplinary hearing checklist
- Possible pitfalls
- Sanctions
- Introduction
- Is the sanction a ‘reasonable response’?
- Make the right to dismiss very clear
- Factors to consider in reaching a decision
- Totting up
- Expired warnings
- Formal warnings
- Date of dismissal
- Dismissal by letter
- Improvement
- Appeals
- Introduction
- Appeal procedure
- Hearing an appeal
- Grievances raised during the discipline process
- Introduction
- Overlapping discipline and grievances