You have the right under UK law: *
 

• To be treated fairly in any disciplinary process

• To be accompanied by a trade union representative at a disciplinary hearing

• To be able to present your case and evidence at a disciplinary hearing

• To not have any sanctions taken against you without a disciplinary hearing

• To have a right of appeal against any sanctions

 

You may have had issues with your performance at work, your personal conduct, your attendance or some other issue that has lead to your employer taking disciplinary action against you. If this happens to you, talk to your union representative right away. We can help support you through the process, ensure that you are treated fairly, and that your rights are upheld throughout the process.

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If you are facing a disciplinary meeting which could lead to disciplinary action, then you have the legal right to be accompanied by a colleague or a trade union representative. 

 

Disciplinary sanctions following a hearing could involve a first or final warning, suspension with or without pay, demotion and in some cases, dismissal.

 

It can be very stressful being called to a disciplinary hearing, but you don’t have to go in alone. We can represent you in a disciplinary hearing wherever you work, and our representatives are trained in employment law.

 

Your employer should have a clear written policy for dealing with disciplinary issues. It is quite common for employers to follow the ACAS Code of Practice which sets out best practice across the UK. If your employer does not have a written policy and doesn’t follow the ACAS guidelines then they can get into serious difficulty if a case goes to an employment tribunal. 

 

Your employer should never take apply any disciplinary sanctions without a disciplinary hearing to establish the facts of the case, consider any evidence, and allow you to defend yourself. At this disciplinary hearing you have the legal right to be accompanied by a trade union representative and you should receive a letter in advance telling you when the disciplinary hearing will take place, what the allegations are against you, your right to be accompanied and whether the allegations are serious enough that you could be dismissed if the allegations against you are upheld.

 

If your union representative cannot make that date, then you can ask for your meeting to be rescheduled. Your employer is required to re-schedule within a reasonable time period - the law suggests around 5 days later is reasonable.

Your union representative is your starting point for getting help from us with any problem at work.

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Your union representative will discuss the situation with you, agree a way forward with you and together they will help you achieve the best possible outcome for you.

 

Sometimes members feel that they can sort things out on their own, but it is important to talk to your union representative as soon as possible. Sometimes trying to sort out an issue without proper advice can make the problem much worse. We are here to help you and you can contact your union representative by calling 0333 2423 526.

 

Your union representative will discuss the situation with you, agree a way forward with you and together they will help you achieve the best possible outcome for you.

 

You have a legal right to belong to a trade union and your employer is forbidden from treating you unfavourably because you join a trade union, take part in trade union activities or use the services trade unions provide for their members.  You also have a right to be accompanied by a trade union representative at any grievance meetings, disciplinary hearings and disciplinary appeals.

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* From Employment Rights Act (1996)