Disciplinary Procedures
Expert guidance on fair and legally compliant disciplinary procedures for employers and employees.
Disciplinary Procedures
We help employers implement fair disciplinary procedures while protecting employee rights. Our team ensures compliance with ACAS guidelines and employment law, helping resolve workplace issues effectively and legally.
Key Services
- Disciplinary policy development and review
- Investigation and evidence gathering
- Disciplinary hearing representation
- Appeal process management
- ACAS code compliance
- Alternative resolution methods
Why Choose Gardner Champion?
- Experienced employment law specialists
- Practical, business-focused advice
- Strong track record in employment tribunals
- Proactive HR support and training
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Fair Disciplinary Procedures
Key Principles
Fair procedures must include proper investigation, clear communication of allegations, opportunity to respond, right to be accompanied, and fair appeal processes. We ensure all procedures meet these requirements.
Common Pitfalls
Many disciplinary procedures fail due to inadequate investigation, bias, procedural errors, or failure to follow company policies. We help avoid these common mistakes and ensure robust, defensible procedures.
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Help Guides
How to Handle a Workplace Dispute
A step-by-step guide to resolving workplace disputes effectively and protecting your rights.
Step-by-Step Process
- 1Document everything: Keep detailed records of all incidents, conversations, and relevant communications.
- 2Review your contract and company policies to understand your rights and obligations.
- 3Try informal resolution first by speaking with your manager or HR department.
- 4If informal resolution fails, consider filing a formal grievance following your company's procedure.
- 5Seek legal advice if the matter remains unresolved or if you're considering legal action.
- 6Gather supporting evidence including witness statements, emails, and relevant documents.
- 7Consider alternative dispute resolution methods such as mediation or ACAS conciliation.
- 8If necessary, pursue formal legal action through employment tribunals or courts.
Helpful Tips
- Act quickly as there are strict time limits for employment claims
- Keep all communications professional and factual
- Consider the impact on your career before taking formal action
- Document everything from the beginning of any dispute
Important Warnings
- Don't resign without seeking advice as this may affect your ability to claim unfair dismissal
- Be careful about what you post on social media during a dispute
- Don't breach confidentiality or disclose confidential information
Preparing for an Employment Tribunal
Essential steps to prepare for employment tribunal proceedings and maximize your chances of success.
Step-by-Step Process
- 1Gather all relevant documents including contracts, policies, emails, and correspondence.
- 2Prepare a detailed chronology of events with dates and key facts.
- 3Identify and contact potential witnesses who can support your case.
- 4Complete the tribunal application form accurately and within time limits.
- 5Prepare your witness statement and supporting evidence.
- 6Attend any preliminary hearings and follow tribunal directions.
- 7Consider settlement negotiations if appropriate.
- 8Prepare for the final hearing including cross-examination practice.
Helpful Tips
- Be honest and consistent in all your statements
- Practice explaining your case clearly and concisely
- Dress appropriately for the tribunal hearing
- Arrive early and be prepared for a long day
Important Warnings
- Don't lie or exaggerate as this will damage your credibility
- Don't ignore tribunal directions or deadlines
- Be prepared for the emotional stress of the process
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Additional Information
Our Process
Our employment law process begins with a detailed consultation to understand your situation and objectives. We'll assess your case, explain your options, and develop a strategy tailored to your needs. For employers, this might involve policy development, training, or dispute resolution. For employees, we focus on protecting your rights and achieving the best possible outcome. We keep you informed throughout the process and work efficiently to resolve matters as quickly as possible.
Timeline
Timeline varies depending on the complexity of your case. Simple contract reviews can be completed within a few days, while complex tribunal cases may take several months. We'll provide realistic timelines at the outset and keep you updated on progress. Most employment disputes can be resolved within 3-6 months, though some complex cases may take longer.
Costs & Fees
We offer flexible fee arrangements including fixed fees for straightforward matters and hourly rates for complex cases. Many employment matters are eligible for legal aid or no-win-no-fee arrangements. We'll discuss costs upfront and ensure you understand all potential expenses. For employers, we can provide cost-effective retainer arrangements for ongoing HR support.
What You'll Need
- Employment contract and any variations
- Company handbook and policies
- Correspondence and emails related to the matter
- Witness statements and contact details
- Financial records (for compensation claims)
- Medical reports (for disability discrimination cases)
- Performance reviews and disciplinary records
- Any previous legal correspondence
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