Disciplinary Procedures and Suspension
Employment rights and disciplinary action
This section is all about disciplinary and strike action, and both the employee’s and employer's rights within this field. This topic also crosses over with:
Disciplinary procedures
In the event that an employee is subject to disciplinary action the employer should follow the procedure set out in the ACAS code of practice on disciplinary and grievance procedures. A failure to do so may see any damages awarded against the employer, in the event of a successful tribunal claim, increased by up to 25%. Throughout the disciplinary procedure, the employee has the right to be accompanied by a fellow worker or a trade union representative.
Topics covered in this section are:
Suspension
In a case of serious misconduct, an employer may wish to suspend an employee on full pay whilst conducting its investigation. The period of any suspension should be for the shortest time necessary and be kept under review. Employers should also look to see if there are alternatives to suspension, such as placing the employee in a different work location whilst the investigation is ongoing.
An employee should not be suspended without pay unless their contract expressly permits this. Whilst generally an employee does not have a right to work, such a right may be implied in a situation where the employee is, because of suspension, being deprived of remuneration such as commission or shift allowance. The employee’s contract may also expressly state a contractual right to commission or overtime. In some cases, if an employer fails to properly implement and manage an employee's suspension, this could lead to resignation and/or constructive dismissal.
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When someone is offered a job and he accepts that job, he enters into a contract of employment with his employer. The employment contract contains all of the terms which both the employer and the employee are required to observe during the course of the employment, and is legally binding.
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ACAS is an acronym which stands for Advisory, Conciliation and Arbitration Service. The role of ACAS is to help employers and employees to improve working relations...
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Employment tribunals are in place to deal with disputes between employers and employees that they have failed to resolve through any other procedure.
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