Consultancy

Consultancy: Disciplinary Appeals in the Health & Social Care Industry

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
Women talking at community center table

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.

Sorting Out the Problem Informally

The first time you may become aware of a problem is when your employer asks to discuss a concern.

It is often best to keep this conversation informal initially, as it may result from a misunderstanding. You might be able to provide evidence to resolve the issue, such as a doctor’s note.

Keep a note of the conversation and any agreements made.

Sometimes it may not be possible to resolve concerns informally, and formal disciplinary procedures may begin. In some cases, this could lead to dismissal.

If Your Employer Decides to Take Disciplinary Action

Your employer should follow a written process that explains the standards of fairness they will adhere to.

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

It is advisable to keep a detailed record of what happens and when.

Steps your employer should take

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.