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Email address: contact@genisysarct.org

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Disciplinary Appeals in the Health & Social Care Industry

What is considered a disciplinary action?

  • Verbal warning
  • Written warning
  • Performance improvement plan
  • Temporary pay cut
  • Loss of privileges
  • Suspension
  • Demotion
  • Termination

If your employer has concerns or a complaint about your work, they might decide to take disciplinary action against you.

There are a number of reasons why your employer might decide to take disciplinary action against you. These include your:

  • behaviour at work
  • absence from work
  • standard of work

Before your employer starts disciplinary action against you, they should investigate what happened. This might involve asking you to come to a meeting.

Your employer should write to you if they’re starting disciplinary action - if they haven’t, they might just be investigating what happened.

Sorting out the problem informally

The first time you might be aware of a problem with your employer is when they ask to talk to you about a concern they have.

It's often best to keep this conversation informal at first because it might be the result of a misunderstanding. You might be able to provide evidence that will help clear things up - for example a doctor's note.

Make sure you keep a note of the conversation and what was agreed.

It might not be possible for your employer to sort out their concerns informally and they might start formal disciplinary procedures. In some cases, you could be dismissed.

If your employer decides to take disciplinary action against you

You employer should follow a written process, which explains the standards of fairness they'll follow in the disciplinary action.

They might use the Acas Code of Practice, or they might have their own procedure, which should be similar.

It's a good idea to keep a note of exactly what happens and when.

Steps your employer should take

Your employer’s first step should be to investigate what happened. You don't have the right to bring someone with you to a meeting if your employer is just investigating what happened.

If your employer wants to take disciplinary action after they complete their investigation, they should write to you.

When they write, they should:

  • Explain what they think you've done wrong - there should be enough detail for you to be able to prepare your response.
  • Tell you the next step will be a meeting to discuss the problem - they should also let you know when and where it will take place.
  • Let you know you have the right to have someone at the meeting with you - this could be a colleague from work or a trade union representative.

Your employer should not take any disciplinary action before the meeting.

Your employer should give you the opportunity to set out your case at the meeting.

After the meeting, your employer should tell you what they've decided - they should do this in writing.

If you don't agree with your employer’s decision, your employer should give you the opportunity to appeal against their decision.

If you require our help, contact us at Genisys ARCt for further support and appeals by emailing us at contact@genisysarct.org.

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Genisys ARCt is a registered charity in England No. 1180872
Fairgate House, 205 Kings Road, Birmingham, B11 2AA