1. Disciplinary Policy
This is a Disciplinary Policy template which you can adapt for your company. It set out company policy and procedure on the management of disciplinary matters and complies with the ACAS code of practice on discipline and grievance.
When managing discipline and poor performance, we need to comply with the ACAS code of practice on discipline and grievance. Compliance is taken into account by Employment Tribunals, who can increase employee compensation by up to 25%, where the employer has not followed the code of practice.
- Investigate thoroughly the facts and hold an investigatory meeting with the employee to discuss the matter and their version of events.
- In the case of minor misconduct or poor performance, issue an informal written warning and put in place a performance improvement plan. Regular review meetings should be held to review progress against the plan, which sets out the improvements required.
- Consider suspension in some circumstances, such as where the conduct is so serious that the outcome of the hearing may be summary dismissal, which is also referred to as dismissal without notice. Also consider suspension where the investigation cannot be conducted properly if the employee remains at work because they could tamper with or destroy evidence, or coerce witnesses and they cannot be moved to other suitable work until the investigation is concluded. Or an employee poses a threat of violence or property damage. Suspension must be carried out in a manner which is not seen as to prejudge the outcome of a fair investigation and disciplinary hearing. Please note that suspension is usually on full pay and should be for as short a duration as is possible.
- In the case of misconduct or gross misconduct, after the investigation, hold a disciplinary hearing. Provide advance written notice of the hearing with details of the allegations and advising of the right to be accompanied.
- An employee should be informed of the outcome of the disciplinary hearing in writing and also be notified of their right to appeal any disciplinary sanction.
- The investigation and disciplinary hearing should be held by different individuals who are not connected with the allegations.
- Appeal hearings should be chaired by senior manager with no prior involvement in the disciplinary procedure.