What happens if you get a disciplinary

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England This advice applies to England: England home Advice can vary depending on where you live. Disciplinary meetings - where to start This advice applies to England Print. Did this advice help? Yes No. Why wasn't this advice helpful?

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Medical negligence claims. Mental health and capacity. Small Claims. However, they can go straight to their formal disciplinary or dismissal 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. You employer can set out their own disciplinary procedures in your employment contract. However, these must meet 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 employment contract if they haven't followed it.

On top of the statutory minimum procedures, there are other steps that an employer would be expected to take in order to be reasonable. 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.

Your employer can suspend you while the issue is looked into and if you are, you should be told why you're being suspended. To make it clear that this isn't a punishment, the suspension should be on full pay. When this happens you keep your employment rights and if you don't get the right pay you can claim the money as an 'unlawful deduction from wages'.

You may be told not to talk to other employees, customers and suppliers. If this stops you from defending yourself, it may be grounds for appeal. It is up to you whether you comply with this, but you should remember that your employer may take further disciplinary action if you don't. Your employer will need to investigate if there's a complaint against you and may ask you for a statement. The investigation should be unbiased, fair and reasonable. It should also seek to establish the facts and not just collect evidence against you.

You should be given copies of any information that comes out of the investigation. If you decide you wish to resign from your job , your employer can still choose to carry on with the disciplinary investigation if they wish. When giving you the initial statement, or very soon after, your employer must invite you to a meeting to discuss the issues. The meeting is the second step in the statutory procedure.

The meeting which is also known as a 'hearing' must happen before any disciplinary action is taken. If your employer hasn't explained in the statement the reasons why they have reason to discipline you, they have to explain this before the meeting.

The meeting itself should:. If you don't think you've got enough time to prepare then ask your employer for more time. There's no specific minimum amount of time that your employer must give, but they should make sure you know what the meeting is for rather than say 'come into my office for a chat'. Before the meeting, your employer should give you copies of any written evidence. You should normally be allowed to question any witnesses during the meeting but your employer can choose to make statements from colleagues who don't want to be identified and might prevent you from questioning witnesses.

If your employer has witnesses you should be allowed to bring your own witnesses, or produce witness statements.