The websites below contain comprehensive guidance on this topic, however please remember from 12 October 2009 if you dismiss or cease using a person in regulated activity (or in controlled activity) because you think they harmed or pose a risk of harm to children or vulnerable adults, you must refer the case to the ISA. For further information: http://www.isa-gov.org.  

 

Business Link contains comprehensive guidance http://www.businesslink.gov.uk/bdotg/action/layer?r.s=m&r.l1=1073858787&r.lc=en&r.l3=1074207501&r.l2=1074207487&topicId=1074207487&r.i=1073793804&r.t=RESOURCES

 

 ACAS contains guidance and example letters you can download.  http://www.acas.org.uk/index.aspx?articleid=1439

 IMPORTANT CASES

 Disciplinary proceedings when there is Police Involvement

Employers will at times be faced with the situation whereas the Police are investigating a concern at the same time as the Employer is considering discipinary proceedings.  Employers have a wide range of discretion as to whether they should continue or postpone the disciplinary hearing and it would be advisable to always take legal advice.

A recent Employemnt Appeal Tribunal case (Secretary of State for Justicve v Mansfield (2010) UKEAT/0539/09 has highlighted that when an Employer is considering continuing with taking disciplinary action, then care should be exercised to ensure that the disciplinary proceedings do not prejudice the criminal proceedings. In this case, the employee would have inevitably been advised that it was not in his interests to submit to questioning by the investigating manager or the dismissing manager when the criminal prosecution was still pending.  The delay in postponing the disciplinary proceedings in this case was found to be reasonable. 

General point: Make sure that you undertake all disciplinary procedures within a reasonable timeframe, try to minimise delays and if there are delays, make a note of the reasons.

 

 

 

Page last edited: 14 June 2010