Developing a disciplinary procedure


The Acas Code says reps should be involved in developing disciplinary rules and procedures. Although reps will probably not be keen to be party to deciding what is, or is not, a disciplinary matter, they will want to be involved in agreeing how the procedure operates in practice, and in ensuring it is applied fairly and consistently across the workforce. Workers and reps should also be involved in any proposals to change the rules.


Disciplinary procedures in the public sector often have contractual status, and reps should aim to achieve this where possible. Where a procedure is contractual, failure to work through all its stages is likely to be a breach of contract and may entitle the employee to an injunction. 


Any written disciplinary procedure must incorporate at least the minimum requirements of the Acas Code (see Chapter 1). Many employers, particularly in the public sector, go beyond the Code and use more detailed and prescriptive procedures, for example, more stages of internal appeal. Where a disciplinary procedure has several appeal stages, a failure to work through every stage can make a dismissal unfair. 


Remember that the deadline for bringing an employment tribunal claim is three months from the dismissal date, regardless of whether any appeal procedure has been completed.

For more information on bringing a tribunal claim, see LRD’s annual employment law guide, Law at Work www.lrdpublications.org.uk/publications.php?pub=BK&iss=1771.