1. Disciplinary Issues Palliative Medicine Registrar
Ruth Davies, Director of Personnel
November 2010

2. Key issues in employment law When and how to institute disciplinary procedures

3. Multitude of Legislation related to employment
Employment Relations Act 1996 (as amended)
Working Time Directive/Regulations
The Data Protection Act 1998
Fixed Term Employees Regulations 2001
The Equality Act 2010

4. Discipline in Employment
The Employment Act 2008
The Employment Tribunals ... Regulations 2008
The ACAS Code of Practice Disciplinary & Grievance Procedures

5. Disciplinary procedures
Why have them?
What are they used for?
When are they used?

6. Handling discipline – process overview
Always follow the ACAS Code of Practice on disciplinary and grievance procedures
Take informal action wherever possible
Issue Resolved – action complete
Take formal action
consider suspension
establish facts
notify employee in writing
hold meeting
allow the employee to be
accompanied
decide action
Inform employee of decision
no penalty
written warning
final written warning
dismissal or other sanction
Provide employees with an opportunity to appeal
Conduct fails to improve sufficiently =
take further action
Conduct improves = action complete
Employee dismissed

7. In conclusion Staff are human beings Employment law can be a minefield
Discipline is never easy
Fair, consistent and equal
Ignore ACAS at your peril