Developing a disciplinary procedure

The Acas Code says reps should be involved in the development of disciplinary rules and procedures. Although many union reps will not be keen to be a party to deciding what is, or is not, a disciplinary matter, they will nevertheless want to be involved in agreeing how the procedure operates in practice, and in ensuring it is applied fairly and consistently and does not discriminate against particular kinds of worker. Workers and their representatives should also be involved when any changes to the rules are proposed.

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 on Discipline and Grievance (see Chapter 1). Many employers, particularly in the public sector, will go beyond the Code and use more detailed and prescriptive procedures, with more stages of internal appeal. Where a disciplinary procedure has several appeal stages, a failure to work through all the stages can make a dismissal unfair.

Remember that, even if an appeal process has not been completed, any claim in the Employment Tribunal must still be brought within three months of the dismissal date.