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Employment LawDisciplinary Procedures and Suspension

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Disciplinary Procedures and Suspension

Employment rights and disciplinary action

This section is all about disciplinary and strike action, and both employee’s and employer's rights within this field. This topic also crosses over with:

  • leave 
  • disputes 
  • grievances 
  • employment tribunals 

Disciplinary procedures

In the event that an employee is dismissed, the statutory dismissal/disciplinary procedure must be set out and followed by the employer, otherwise the disciplinary is automatically classed as an unfair dismissal. Throughout the disciplinary procedure, the employee has the right to be accompanied by a trade union representative. Topics covered in this section are:

  • a general overview of the disciplinary procedure
  • disciplinary procedure time-limits 
  • 2004 disciplinary regulations 

Suspension

An employee receiving a salary under a standard contract is not legally entitled to work, though ordinarily an employer will nonetheless be contractually obliged to pay the employee regardless. This can be dependant on the agreed terms and conditions.

Suspending an employee on the terms of reacting to a discrimination case, whether the suspension is paid or unpaid, is classed as ‘victimisation’. In some cases, suspension could lead to resignation and/or constructive dismissal.

Employment Law

  • Disciplinary Procedures and Suspension
    • The Disciplinary Procedure
    • Discipline Time Limits
    • 2004 Disciplinary Regulations
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