Here at Lincs Law Employment Solicitors, we often receive calls from concerned employees facing disciplinary action. They have often never had an issue or been subjected to disciplinary proceedings at work before. Understandably, they are concerned about the process and their minds will jump straight to worst-case scenario (dismissal). If you are in this situation, try not to panic. As specialist employment solicitors, we are here to help.
I Am Facing Disciplinary Action At Work And I Have A Clear Disciplinary Record – Can I Be Dismissed?
The short answer is, yes you can. Even if you have a clear disciplinary record, you can still be dismissed from work if you are facing “gross misconduct” allegations.
There is no set definition of gross misconduct, as it often depends on the facts of each individual case and the particular circumstances of each employer. However, the ACAS Code of Practice on Disciplinary and Grievance Procedures describes acts of gross misconduct as something:
“…so serious in themselves or have such serious consequences that they may call for dismissal without notice for a first offence.”
By way of example, common acts of gross misconduct include:
- Physical violence
- Theft
- Sexual harassment
- Deliberate vandalisation or damage to company property
- Fraud
- Gross negligence
- Serious insubordination
- Dishonesty
The above means that even if you have never had a disciplinary issue or warning before, you could still be dismissed if you are found to have committed misconduct which is very serious in nature.
The above said, try not to panic. Even if you are facing allegations of gross misconduct, this does not necessarily mean you will be dismissed from your employment. Your employer should also follow a fair disciplinary procedure before deciding on an outcome. Please see below.
I Am Facing Gross Misconduct Allegations – What Happens Now?
If your employer considers you may have committed an act(s) of gross misconduct, they should follow their own disciplinary procedure and, in any event, the ACAS Code of Practice on Disciplinary and Grievance Procedures. This sets out the minimum standard expected of employers.
Disciplinary Investigation
Firstly, your employer will need to take fact-finding steps to consider what you have allegedly done, and what (if any) action needs to be taken.
During the investigation process, your employer should carry out all necessary enquiries and gather relevant evidence. This will likely include collating all relevant documentation; retrieving relevant CCTV footage; collecting witness statements; and, holding an investigation meeting with you. For more information about attending an investigation meeting, please see here – https://lincslaw.co.uk/blog/what-should-i-say-in-my-disciplinary-investigation-meeting-at-work/
Importantly, the investigation process should not result in any disciplinary action in and of itself.
Once your employer has completed their investigation (as above), they will firstly need to decide whether there is in fact a disciplinary case to answer. Whilst it is easy to think about the worst-case scenario, remember there are several possible outcomes of a disciplinary investigation:
a) Firstly, your employer could decide, based on the available evidence and your representations, that there is no disciplinary case to answer. If this is the case, there should be no further action taken.
b) Alternatively, your employer could decide there is a disciplinary case to answer. If this happens, a disciplinary hearing (as below) will be scheduled.
Disciplinary Hearing
If your employer decides there is a disciplinary case to answer, importantly, this still does not mean you will necessarily be dismissed. You should be provided with an opportunity to attend a disciplinary hearing to make your representations and defend yourself.
For more information about attending a disciplinary hearing, please see here: https://lincslaw.co.uk/blog/top-tips-for-employees-how-do-i-prepare-for-a-disciplinary-hearing/
Following your disciplinary hearing, again, there are several possible outcomes. Your employer will need to review the available evidence and decide on the balance of probabilities whether the allegation(s) against you are proven (i.e., whether you have done what was alleged). If they are not proven, no further action should be taken.
If the allegations are found to be proven, this still does not necessarily mean you will be dismissed. Your employer should consider the full range of disciplinary sanctions available such as warnings or demotion before deciding on dismissal with notice or summary (immediate) dismissal.
Appeal Process
Importantly, if the allegations are found to be proven and your employer imposes a disciplinary sanction (such as your dismissal), you should also have the opportunity to appeal this decision. This gives you the opportunity to challenge your employer’s decision, to put forward your case further and potentially change the outcome.
For information about this, please see here – https://lincslaw.co.uk/blog/how-do-i-appeal-my-gross-misconduct-dismissal/ and https://lincslaw.co.uk/blog/work-disciplinary/
Employment Tribunal Claims
Here at Lincs Law Employment Solicitors, we assist many clients who have been unfairly dismissed from their employment. Some clients have never had any previous issues or warnings at work and, understandably, consider their employer’s decision to be harsh and unreasonable in the circumstances.
Depending on your employer’s actions, it is important to note you may have claims in the Employment Tribunal. For example, if your employer does decide to dismiss you and their decision was unreasonable, you may have a claim for Unfair Dismissal in the Employment Tribunal. Please see our blogs here – https://lincslaw.co.uk/services/employees/resignation-dismissal-and-redundancy/unfair-dismissal/ and https://lincslaw.co.uk/blog/can-you-claim-unfair-dismissal-if-you-have-been-sacked-for-gross-misconduct/
Lincs Law Employment Solicitors Can Help You
Again, if you are facing allegations of gross misconduct, it is important to try not to panic. This does not necessarily mean you will be dismissed. Notwithstanding this, it is important you take the disciplinary process (and the chance of a disciplinary sanction) seriously. You will need take steps to prepare yourself and make your case coherently throughout the process.
In these circumstances, we advise you to seek legal advice as soon as possible. If you would like a free consultation with one of the team at Lincs Law Employment Solicitors, simply use the contact form, engage in a web chat, email contactus@lincslaw.com or call us on 01522 440512 and we will be happy to help.
Kate Key
Specialist Employment Solicitor
Lincs Law Employment Solicitors
Tags: acas code on disciplinaries and grievances Appeal Against Dismissal Disciplinary process employment solicitor Gross Misconduct gross misconduct appeal Kate Key lincs law employment solictiors misconduct allegations misconduct dismissal specialist employment solicitor unfair dismissal