Author: Dennis Chapman
Published: January 11, 2010
Reading time: 1 minute
This article is 12 years old.
Read our disclaimer keyboard_arrow_down
This website content is intended as a general guide to law as it applies to the motor trade. Lawgistics has taken every effort to ensure that the contents are as accurate and up to date as at the date of first publication.
The laws and opinions expressed within this website may be varied as the law develops. As such we cannot accept liability for or the consequence of, any change of law, or official guidelines since publication or any misuse of the information provided.
The opinions in this website are based upon the experience of the authors and it must be recognised that only the courts and recognised tribunals can interpret the law with authority.
Examples given within the website are based on the experience of the authors and centre upon issues that commonly give rise to disputes. Each situation in practice will be different and may comprise several points commented upon.
If you have any doubt about the correct legal position you should seek further legal advice from Lawgistics or a suitably qualified solicitor. We cannot accept liability for your failure to take professional advice where it should reasonably be sought by a prudent person.
All characters are fictitious and should not be taken as referring to any person living or dead.
Use of this website shall be considered acceptance of the terms of the disclaimer presented above.
The ACAS Code of Practice sets down guidelines to follow when dealing with disciplinary issues in the workplace. It is prudent to follow the guidelines to be seen to have dealt with such issues fairly.
The requirements include:
- raise and deal with issues promptly without unreasonable delays
- act consistently
- investigate as necessary using all possible sources
- inform the employee and allow them to defend the case
- allow employees to be accompanied at meetings
- allow an appeal against the decision
- keep periods of suspension, if necessary, as brief as possible and ensure it is not considered part of the disciplinary action
- prior to the meeting inform the employee of the evidence
- in the case of misconduct or unsatisfactory performance the employee should be made aware of the timescale to improve, the possible consequences of a failure to improve and how long a warning will stay on his/her record.
We have a number of template letters to assist clients in dealing with disciplinary hearings.