Disciplinary procedures: an introduction

Employers use disciplinary procedures to tell employees that their performance or conduct isn't up to the expected standard and to encourage improvement.

What is a disciplinary procedure?

A disciplinary procedure is sometimes the best way for your employer to tell you when something is wrong. It allows them to explain clearly what improvement is needed and should give you an opportunity to put your side of the situation.

Your employer must put their disciplinary procedure in writing, and make it easily available to you (for example, by giving details in the staff handbook). It should include the rules, what performance and behaviour might lead to disciplinary action, and what action your employer might take.

During a disciplinary procedure, if your employer does anything that seems unreasonable you should tell them (in writing) and suggest ways to solve the problem. They may decide to carry on the procedure anyway, in which case you might decide to use the issue as grounds for an appeal.

If you face disciplinary action, and aren't sure what to do, you can always get advice about your rights. Your local Citizens Advice Bureau (CAB) provide free and unbiased advice, and you may be able to get help from a union if you are a member.

Citizens Advice Bureau

Statutory minimum disciplinary procedures

By law, at present there are certain minimum steps that must be included in a disciplinary procedure - these are known as the 'statutory minimum procedures'. If your employer dismisses you without following this process, then if you make an unfair dismissal claim, the dismissal will normally be 'automatically unfair'. You normally need at least a year's service before you can make an unfair dismissal claim.

To find out more about the dispute resolution procedures in Northern Ireland visit the Department for Employment and Learning website.

Department for Employment and Learning Northern Ireland (DELNI)

Other reasonable steps

On top of the statutory minimum procedures, there are other steps that an employer would be expected to take in order to be reasonable. The Labour Relations Agency (LRA, Northern Ireland) produce a Code of Practice on disciplinary procedures.

You can't take your employer to an Industrial Tribunal because they haven't followed the Code but if you make an unfair dismissal claim the Code can be taken into account.

Disciplinary procedures in your employment contract

You employer can set out their own disciplinary procedures in your employment contract. However, your employer can’t disapply the statutory minimum disciplinary procedures. If your employer has laid down a disciplinary procedure that forms a part of your contract then you could sue for breach of contract if they haven't followed it.

Breach of contract

Informal steps

Before taking formal disciplinary action, your employer may try to raise the matter informally with you first of all. This is often a good way of resolving a problem quickly.