Consultancy: Disciplinary Appeals in the Health & Social Care Industry
What is considered a disciplinary action?
Disciplinary action may include:
- Verbal warning
- Written warning
- Performance improvement plan
- Temporary pay cut
- Loss of privileges
- Suspension
- Demotion
- Termination
If your employer has concerns or complaints about your work, they may decide to take disciplinary action.
Reasons for disciplinary action
Your employer may take disciplinary action due to:
- Your behaviour at work
- Absence from work
- Standard of work
Before taking disciplinary action, your employer should investigate what happened. This may involve asking you to attend a meeting.
Your employer should write to you if they are starting disciplinary action. If they have not written, they may simply be investigating the situation.
Steps your employer should take
1. Investigation – Your employer should first investigate what happened. You do not have the right to bring someone with you to a meeting if it is just an investigation.
2. Formal Notice – If your employer decides to take disciplinary action after the investigation, they should write to you. The letter should:
- Explain what they believe you have done wrong, providing enough detail for you to prepare your response.
- Inform you that the next step will be a meeting to discuss the matter, including the date, time, and location.
- Advise you of your right to have someone present at the meeting, such as a colleague or trade union representative.
No disciplinary action should be taken before the meeting.
3. The Meeting – You should be given the opportunity to present your case.
4. Decision – After the meeting, your employer should communicate their decision in writing.
5. Appeal – If you do not agree with the decision, your employer should provide an opportunity to appeal.