Disciplinary Issues Palliative Medicine Registrar

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Presentation transcript:

Disciplinary Issues Palliative Medicine Registrar Ruth Davies, Director of Personnel November 2010

Key issues in employment law When and how to institute disciplinary procedures

Multitude of Legislation related to employment Employment Relations Act 1996 (as amended) Working Time Directive/Regulations The Data Protection Act 1998 Fixed Term Employees Regulations 2001 The Equality Act 2010

Discipline in Employment The Employment Act 2008 The Employment Tribunals ... Regulations 2008 The ACAS Code of Practice Disciplinary & Grievance Procedures

Disciplinary procedures Why have them? What are they used for? When are they used?

Handling discipline – process overview Always follow the ACAS Code of Practice on disciplinary and grievance procedures Take informal action wherever possible Issue Resolved – action complete Take formal action consider suspension establish facts notify employee in writing hold meeting allow the employee to be accompanied decide action Inform employee of decision no penalty written warning final written warning dismissal or other sanction Provide employees with an opportunity to appeal Conduct fails to improve sufficiently = take further action Conduct improves = action complete Employee dismissed

In conclusion Staff are human beings Employment law can be a minefield Discipline is never easy Fair, consistent and equal Ignore ACAS at your peril

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