Occasions will arise where an employee’s conduct does not reach the standards expected by the employer and outlined in the employee’s contract of employment or employee handbook. Employers should have a clear set of procedures in place explaining what steps will be implemented should this situation arise. These include oral warnings, first written warnings, final written warnings,first and final written warnings and dismissal.Summary dismissal with no notice for gross misconduct,dismissal with notice for repeated misconduct or downgrading as an alternative to dismissal other than in cases of gross misconduct or a period of suspension without pay for repeated misconduct if your handbook allows.
In some serious cases of misconduct following an investigation relating to the matter in hand, it may be necessary to hold a disciplinary hearing. The employee should be given details in writing of the issue in advance of the hearing so they can prepare their case. At the hearing the employee has the right to state their case. They are also entitled to be accompanied by a fellow employee or trade union representative.
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