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Direct Payment Information Sheets

These information sheets have been provided as a guide only and should not be used as substitutes for specialist advice. We try to keep them updated, however, this cannot always be guaranteed.

Disciplinary Procedure

Clear disciplinary rules benefit both the employer and the employee and should be a main part of the written statement of employment.

They should cover such things as:

• conduct
• timekeeping
• absence
• health and safety
• use of employer's telephone and other equipment
• discrimination
• performance and behaviour

To ensure that your written statement covers this area adequately, speak to one of our Direct Payment Advisors, or check the ACAS web site.

There is a three stage statutory procedure:

• written notification of the problem
• meeting to address the problem, at which the employee can be accompanied
• an opportunity to appeal

Before taking the statutory procedure you are advised to try to settle the matter informally, for example by discussing issues with the employee. If this is not successful a verbal warning should be issued clearly stating that the disciplinary procedure will be followed if behaviour or performance is not improved.

If the statutory procedure is followed, the meeting should be followed up with a letter clearly stating the problem, the improvement expected, the timescale and the consequence if improvement is not met. You must inform the employee of their right to appeal.

It is normally advisable to have two written warnings before following the disciplinary procedure to dismissal.

The employer must be seen to act reasonably throughout and the policy must not discriminate.