Modified Disciplinary Procedure - Pre April 2009
EMP.RE.03.01a
This procedure no longer applies. Please use the Disciplinary Rules and Disciplinary Procedure - April 2009 (new).
From the 6th of April 2009 a new ACAS Code of Practice applies and it replaces the Statutory Dispute Resolution Procedures. Therefore, this document should be applied where the dismissal or disciplinary action occurred on or before the 5th April 2009.
Please note that the Statutory Dispute Resolution Procedures still apply to dismissals due to the non-renewal of Fixed Term Employment Agreements since the new ACAS Code of Practice does not apply to the non-renewal of Fixed Term Contracts on their expiry.
The Modified Statutory Disciplinary Procedures are set out in Schedule 2 of the Employment Act 2002 and must be followed by all employers regardless of size where they contemplate the summary dismissal of an employee.
Failure to follow the correct procedure where the employee has been in service for more than a year will result in the dismissal being classed by an Employment Tribunal as automatically unfair. Following the procedure still does not guarantee that the dismissal will be fair, as the dismissal will still be subject to the principles of employment law.
The Modified Disciplinary Procedure contains the following sections:
1. Introduction
2. Step 1: Statement of Grounds for Action
3. Step 2: Appeal
There are very few circumstances which justify dismissal without notice and the use of the Modified Disciplinary Procedure. Employers would be safer to use the Standard Disciplinary Procedure in the absence of extreme circumstances.
This Modified Disciplinary Procedure is in open format. Either enter the requisite details in the highlighted fields or adjust the wording to suit your purposes.
Once you have subscribed to the appropriate document folder click on the “Download Document” button below. You will be asked what you want to do with the file. It is recommended that you save the document to a location of your choice prior to viewing.
From the 6th of April 2009 a new ACAS Code of Practice applies and it replaces the Statutory Dispute Resolution Procedures. Therefore, this document should be applied where the dismissal or disciplinary action occurred on or before the 5th April 2009.
Please note that the Statutory Dispute Resolution Procedures still apply to dismissals due to the non-renewal of Fixed Term Employment Agreements since the new ACAS Code of Practice does not apply to the non-renewal of Fixed Term Contracts on their expiry.
The Modified Statutory Disciplinary Procedures are set out in Schedule 2 of the Employment Act 2002 and must be followed by all employers regardless of size where they contemplate the summary dismissal of an employee.
Failure to follow the correct procedure where the employee has been in service for more than a year will result in the dismissal being classed by an Employment Tribunal as automatically unfair. Following the procedure still does not guarantee that the dismissal will be fair, as the dismissal will still be subject to the principles of employment law.
The Modified Disciplinary Procedure contains the following sections:
1. Introduction
2. Step 1: Statement of Grounds for Action
3. Step 2: Appeal
There are very few circumstances which justify dismissal without notice and the use of the Modified Disciplinary Procedure. Employers would be safer to use the Standard Disciplinary Procedure in the absence of extreme circumstances.
This Modified Disciplinary Procedure is in open format. Either enter the requisite details in the highlighted fields or adjust the wording to suit your purposes.
Once you have subscribed to the appropriate document folder click on the “Download Document” button below. You will be asked what you want to do with the file. It is recommended that you save the document to a location of your choice prior to viewing.
Modified Disciplinary Procedure - Pre April 2009 is part of Employment. Just £38.50 + VAT provides unlimited downloads from Employment for 1 year.