LRD guides and handbook November 2021

Disciplinary and grievance procedures - a guide for union reps

Chapter 5

Overall fairness

[ch 5: page 49]

In misconduct cases, different people should carry out the investigation and disciplinary hearing where possible (Acas Code para 6).

The Acas Code says a disciplinary hearing should be held without unreasonable delay, while allowing the employee reasonable time to prepare the case. Unreasonable delay can make a dismissal unfair and may also breach the employment contract (Royal Society for the Prevention of Cruelty to Animals v Cruden [1986] IRLR 83).