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Employment Law for Businesses

Performance Management & Disciplinaries

Susie Al-Qassab
Susie Al‑Qassab
Partner
Homa Wilson
Homa Wilson
Partner
Neil Emery
Partner

There may come a time when you need to take disciplinary action against staff to protect your business and other employees. When dealing with allegations of misconduct by a member of your staff, you should proceed with caution. Poor handling can result in costly and time-consuming claims against your business.

It’s important to have clear, written procedures so that your employees know what’s expected of them. Your policies should identify the type of behaviour that may lead to disciplinary action, how you will investigate allegations and the potential outcomes.

Our expert team can provide advice and support in several areas, including:

  • Implementing disciplinary and grievance procedures.
  • Dealing with difficult employees.
  • The compliancy of your policies and actions with legal requirements and codes of practice.

Why choose Hodge Jones & Allen Solicitors?

We appreciate that for some employers, particularly for smaller organisations, trying to work through a fair disciplinary procedure can be difficult. However, it’s important to respond to disciplinary issues and grievances from employees (which can arise during the disciplinary process), appropriately. Failure to do so could lead to legal action.

Our focus is to try and avoid claims from the start. By properly preparing our clients and carefully guiding them through the disciplinary process we put them in the best position to defend claims. In such cases it’s essential that employers know their rights and obligations. Our expertise and years of experience enables us to empower businesses. We’ll explain all your options, recommend the most suitable approach for your business and guide you to the best outcome.

"I AM JUST WRITING TO FORMALLY THANK HJA FOR YOUR THOROUGH AND EFFICIENT WORK ON MY BEHALF WITH MY REDUNDANCY SETTLEMENT AGREEMENT."

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Featured case

Successfully helped a client with numerous inter-related grievances

We helped a client to successfully navigate a number of complex and inter-related grievances, disciplinaries, dismissals and resignations involving several employees and allegations of Islamophobia and breach of competition laws.

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Frequently asked questions

What process should I follow if I need to take disciplinary action against an employee?

The decision to proceed to a disciplinary should be made after you have conducted a thorough and fair investigation. You should write to the employee inviting them to a disciplinary meeting.

You should give them reasonable notice of the meeting and provide them with documents relating to the investigation and evidence against them. The letter should set out the allegations against them as well as the potential outcomes of the meeting.

You should inform them that they have a right to be accompanied by a trade union representative or colleague and you should also consider whether any reasonable adjustments will be required – this may be necessary where the employee has a disability.

 

 

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