Disciplinary Procedure In The UK

Disciplinary Procedure – ML Solicitors Legal Advice; Do you have a clear formal disciplinary procedure at your organisation in the UK? It is vital to have a clear disciplinary procedure that poses no potential risk the misinterpretation or misunderstanding at your organisation that is readily available for all employees to see and the highly qualified and experienced legal team at Michael Lewin Solicitors could provide advice and assistance with regards to drafting such a procedure.

Pay and Benefits Magazine published an article on 25 January 2013 discussing various recent employment tribunal cases including that of Bryant v Sage Care Homes Ltd [212] All ER (D) 198 (Dec).

The article summarises that "The employee was dismissed for failing to follow the correct procedures. She claimed that her error was being used as a way of getting rid of her."

It tells is that "The employee was the senior nurse at the employer’s nursing home. In June 2009 the employee was dispensing medication to patients from a trolley. She told AP and unqualified care assistant to give medication to A together with a cup of tea. AP gave medication to a different patient while giving a cup of tea to A. The employment tribunal accepted that the employee had given the correct directions which AP had failed to follow. The employee subsequently realised the error; however she took no action beyond monitoring a patient to see whether he was affected by the medication."

Do your managers consistently and fairly follow your company’s formal disciplinary procedure when taking action against employees within your organisation in the UK? The experts at Michael Lewin Solicitors could advise and assist you with the drafting and implementing of an effective disciplinary procedure within your business minimising the risk of future repercussions for the company.

The above-mentioned article further explains to us that "The regulator the Care Quality Commission was informed about what happened and had told the employer’s regional manager. After a disciplinary hearing the employee admitted all four allegations against her namely: she had failed to follow the correct drug procedure; had given a prescribed medication to a senior carer to administer; had failed to report the incident; and had failed to seek advice subsequently. The employee contended that she did not realise that she had to report the incident did not believe in wasting the doctor’s time as there had been no side effects. The employee was dismissed for gross misconduct."

In this case it is reported that the tribunal ruled that it was able to get away from the absolute obligation of the employee to abide by the rules of a professional body and it was that failure which made dismissal within the bounds of reasonable responses. We are informed that the employee appealed but this appeal was also dismissed.

If an employee or former employee has brought an unfair dismissal claim against you to an employment tribunal for failing to follow the correct disciplinary and/or dismissal procedure at your organisation with in the UK the highly skilled legal professionals at Michael Lewin Solicitors could offer advice and assistance with regards to settle dispute by alternative dispute resolution methods in the quickest and most cost-effective way but could also provide outstanding legal representation at employment tribunal hearing when required; so contact our helpful advisers to discuss your business requirements today on: 0113 200 9720.


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