Misconduct issues and disciplinary advice

Disciplining employees can be stressful for both the employer and the employee. The decision to suspend the employee is a vital one. We guide you through the disciplinary process and consider whether or not it is appropriate to suspend an employee for any alleged misconduct, having due regard to the ACAS guidance, employment law, employer handbooks and previous cases.

We advise you in respect of the appropriate sanction, taking into account an employee’s explanation. In terms of employee mitigation, it is very common for an employee to share personal issues which they are facing during the disciplinary process. We have seen an increase in cases where an employee has shared health issues including issues in respect of hidden disabilities, neurodiversity and personal family issues. We guide you through the process and explain the extent to which the disciplinary sanction will be adjusted (if at all) having regard to an employee’s personal circumstances.

In response to a disciplinary investigation or hearing, an employee will sometimes produce a letter of resignation. We advise clients how to respond, including whether or not to continue the disciplinary process and the generally held misconceived belief that a resignation must be ‘accepted’.

It is key to obtain the right advice throughout the disciplinary process as if an employer is later faced with an unfair dismissal claim, an employment tribunal can be unforgiving where it sees procedural and substantive breaches.

Please get in touch with Ed if you are an employer of any size and you are facing an employment law issue of any kind.