London: 020 7247 7190 Manchester: 0161 883 1255 Preston: 01772 369 450 Birmingham: 0121 663 1191
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London: 020 7247 7190 Manchester: 0161 883 1255 Preston: 01772 369 450 Birmingham: 0121 663 1191

Employees have the right not to be unfairly dismissed. Where an employer is considering a serious sanction such as written warnings or dismissal then a fair procedure must be followed.

We advise employers on how to fairly manage the procedures and employees on what to say and do. 

The basic requirements are set out in the ACAS Code of Practice (No 1) which is normally referred to in an internal disciplinary procedure. The Code except in very serious cases expects employers to:

  • Use fair procedures
  • To try to deal with initial problems informally
  • To carefully investigate issues before considering discipline
  • To set out the issues with sufficient detail and to allow the employee to answer the allegations
  • To allow an employee to bring a trade union representative or workplace colleague to disciplinary meetings
  • To have a right of appeal

The rules of ‘natural justice’ apply to these internal procedures. A manager against whom genuine allegations of bias have been raised would not normally investigate or hear the issues.

For help and advice on employment law,
call us today for an initial free telephone consultation with Gordon Turner

London 020 7247 7190
Manchester 0161 883 1255
Preston 01772 369 450
Birmingham 0121 663 1191

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