The above code of practice gives employers and employees alike guidance on applying grievance and disciplinary procedures in the workplace.

Some of the guidance notes in the code of practice are the following:

• Employees are entitled to having employers apply disciplinary measures in accordance with natural justice and fairness.

• Each disciplinary measure taken by an employer should be rational and fair. The employee should be given the reasons for the disciplinary action.

• The employee should be informed of the range of penalties that can be imposed and the appeal mechanism available.

• Details of any allegations against the employee should be put them in writing prior to the occurrence of a disciplinary meeting.

• The employee must be given the opportunity to respond to allegations.

• The employee has a right to an impartial determination of the matter by the employer.

• The employee should be afforded with the right of representation at disciplinary meetings.

The balance of power in employer-employee relations falls on the shoulders of the employer.

It is insufficient to text an employee about a disciplinary meeting occurring demanding their attendance. An employee is entitled to fairness in the process. An employer may be firmly of the view the employee did something wrong, but the employee is entitled to answer the charge, and the penalty to the charge should be proportionate or an employee may well succeed in their unfair dismissal action attaching legal liability to the employer.

Please be advised that the above-mentioned material is intended as an overview and as a broad out-line of the topic discussed. It should not be considered as complete and comprehensive legal advice, nor act as an appropriate substitute. Legal advice should be sought from a solicitor prior to relying on anything in this article.

Due care has been taken in the publication of this article and we do not accept legal liability as a result of reliance on any material covered in the above article.