Employment Law - Getting Procedural

New statutory dismissal and disciplinary procedures (DDPs) came into effect on 1st October 2004

Evidence suggests that, a year on, many employers may still be unaware of the provisions and of the penalties for failing to comply with them.

Where an employer takes disciplinary action or contemplates dismissal, it is required to follow (as a minimum) a three-step procedure:-

1. it must set out, in writing, the grounds on which it contemplates taking action and invite the employee to attend a meeting to discuss the matter.
2. it must hold the meeting before action is taken, giving the employee sufficient information and a reasonable opportunity to consider his or her response to the reason given by the employer for taking it.
3. it must offer the employee a right of appeal against any action taken.

The DDPs apply to circumstances much wider than those normally considered to be disciplinary, and include redundancy, expiry of fixed-term contracts and dealing with absence due to long-term ill-health.

Following the procedures does not guarantee that subsequent dismissal will be fair. However, sanctions for failing to follow the procedures should encourage employers to adopt the DDPs as a minimum standard.

If they are not followed:-

• the employer will automatically be liable for unfair dismissal
• it is within the discretion of the Employment Tribunal to increase compensation, payable to the employee, by between ten and fifty per cent

The law relating to unfair dismissal generally protects employees with at least one year’s service; particular care must obviously be taken in such cases. However, it is good practice for employers to observe the minimum procedural requirements in all situations.