Handling disciplinary cases

This is a very popular area for clients seeking our advice due to concerns about unfair dismissal and constructive dismissal.


The purpose of a disciplinary procedure is to correct shortcomings in conduct. Except in cases of gross misconduct the first step in taking disciplinary action should not result in dismissal.

Where an ex-employee claims unfair dismissal, failure by the employer to follow a fair disciplinary process will almost certainly result in the employment tribunal finding in favour of the ex-employee.

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David Cawthorne – Human Resources

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The ACAS Code of Practice on Discipline is not legally binding but is the “Highway Code” equivalent in employment tribunals and will be taken in to account.

Where a specific meeting may result in disciplinary action being taken the employee has the legal right to be accompanied by a work collegue or trade union official.

“David has continued to provide prompt and practical advice on all aspects of employment law to Hunter Gee Holroyd. In our role as Clerk of Internal Drainage Boards David has taken matters through from the initial investigation to chairing disciplinary meetings. This has enabled the Board to fulfil it’s responsibilities to employees whilst protecting the public purse. We have no hesitation in recommending David’s services to clients and other public bodies.”

Nigel Everard, Director, Hunter Gee Holroyd Chartered Accountants Ltd


Without professional support employers often spend a lot of management time and still fail to achieve a successful outcome.

E-mail david@cedargbltd.co.uk to discuss how David can help you with his substantial knowledge and experience.

Case Study

Protecting the business of a resource supplier

Our client is a successful and growing company operating in a niche market.

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