What is a disciplinary procedure?
A disciplinary procedure is the way your employer deals with discipline when they believe that your conduct or performance is not up to the expected standard. Disciplinary procedures may involve something as simple as an informal chat, and escalate to involve letters, meetings and appeals.
What is a disciplinary action?
Disciplinary action is the result of the disciplinary process. This will vary from case to case, but at its most severe it can lead to dismissal. Find out more about dismissal.
Reasons for disciplinary action
If your employer believes your conduct or performance is not up to the expected standard or gross misconduct, this may result in your employer taking disciplinary measures against you.
Stages of disciplinary action
Your employer should follow a set procedure to resolve the issue with you. A disciplinary procedure may follow this order:
An informal chat in private to identify whether disciplinary action is required.
An investigation, where you and others may be interviewed.
A letter from your employer setting out clearly the reason for the disciplinary action.
A formal meeting to allow you to state your case.
A formal letter explaining the result of the case.
An invitation to appeal within a set time frame.
Most employers will set out their own disciplinary procedures in writing. You will usually find them on the staff intranet or employer website.
You are entitled to be accompanied by a colleague or a UNISON rep at a disciplinary meeting, although not always at the informal chat stage. You can speak to your rep beforehand if you need advice on this.
Suspension from work
During the disciplinary procedure, employers may be able to suspend you, pending the result of the disciplinary meeting. This should be on full pay – though some contracts or procedures may not always offer this. Read more about suspension.
Results of disciplinary action
The result of disciplinary action is not always dismissal. Formal warnings and dismissal are the last resort of disciplinary procedures. If you are unhappy with the result of a disciplinary decision, contact your local UNISON rep who can recommend your next steps.
Appeal procedures
An appeal is your chance to reverse a disciplinary decision. This should be lodged within the period of time set by your employer for appealing the decision and be heard by a superior of the person who heard your original case. You are entitled to be accompanied by a colleague or a UNISON rep in the appeal meeting.
Key facts
Discipline at work and disciplinary procedures are designed to help employers get the best out of members and are never to be used to intimidate or coerce employees.
You are allowed to bring a colleague or UNISON rep into a disciplinary meeting or appeal.
An employer should follow its own disciplinary procedures. These should be in writing and a copy provided to you.
If you are unhappy with the result of a disciplinary meeting you should appeal the decision.
FAQs:
What is Gross Misconduct?
What an organisation regards as acts of gross misconduct should be clear from its disciplinary rules. Typically, they might include such things as theft or fraud, physical violence, gross negligence, incapacity due to alcohol or illegal drugs, and serious insubordination.
What if my Rep is not available for my disciplinary meeting?
Whilst we will try and make every effort to be available this is not always possible. We would work with your employer to arrange a convenient date for all parties within the disciplinary process timeframe. Your employer has a legal duty to rearrange the meeting to ensure you have appropriate representation.
What if I am too stressed or ill and cannot attend the disciplinary meeting?
ACAS advises that the employer should pause the disciplinary procedure until you return to work. If you still cannot attend or if you go on extended sick leave, the employer should see if it would help to make other arrangements. Your rep would be able to advise you further on what these might be.
Getting Involved:
Many of our Stewards, Health & Safety Reps and Branch Officers have got more involved with their union because they were happy or impressed with the way their own cases or issues were dealt with.
If you would like to know more about getting involved because you think you can make a difference in your workplace, or you want to support your colleagues in the way we supported you in your time of need, then have a look at the various ways you can get more involved in your union in your workplace here.
Our Branch is local to you and will give you the support you need to fulfil whatever role you choose to take on. UNISON provides full training for all our reps for which you will be given paid time-off. If you still aren’t sure, and would like to know more about us on a local level, or you would like details on how to put yourself forward for one of the roles, contact us by emailing us at: branch.office@unisongloslg.org.uk
Not ready to commit to one of our official roles yet?
If you want to get involved but aren’t ready to take on an official role, then why not become a Workplace Contact? We need contacts in all areas to disseminate information and to be our eyes and ears in the workplace. This is a good place to start if you are thinking of taking on an official position in the future or if you just want to help us in a much smaller capacity.
Contact us at the email address above to find out more about becoming a workplace contact or to give us your details, and we will do the rest!
Was this article helpful?
That’s Great!
Thank you for your feedback
Sorry! We couldn't be helpful
Thank you for your feedback
Feedback sent
We appreciate your effort and will try to fix the article