The ACAS (Advisory, Conciliation and Arbitration Service) statutory Code of Practice on Discipline and Grievance deals with an employer’s actions concerning the unsatisfactory conduct of an employee. It also sets out the rights of the employee, when faced with a disciplinary matter in the work-place.
The law requires that employers act reasonably and fairly with regard to dismissals, and unsatisfactory conduct may be a matter of interpretation in some cases. However there are core principles of conduct that an employee should follow, and these principles are set out in the code. ACAS recommend that all parties should try to resolve matters of unsatisfactory conduct at an early stage, before the problem escalates to a dismissal. However, this is not always possible.
Employers must follow the proper procedure when dealing with a case of unsatisfactory conduct. For example, they must establish the facts of the case and invite the employee to a meeting to discuss the matter. The employee must be allowed to bring a companion with them. The employee may appeal against the original decision, and it is good practice for another manager to conduct that appeal. The decisions about the conduct should be conveyed in writing. If the employee is then dismissed for unsatisfactory conduct, they must be given the statutory period of notice.
Examples of unsatisfactory conduct may include:
• Unauthorised absences
• Not adhering to company Health and Safety policies
• Unauthorised use of company facilities
• Bullying, discrimination or harassment in the workplace
• Poor standards of personal appearance
• Poor time-keeping
Some types of conduct may be considered as ‘gross misconduct’. The employer is within their rights to dismiss an employee without a period of notice, if they conduct themselves in this way. However, it is still necessary for the employer to follow a fair procedure, according to the code, to establish that serious misconduct has taken place.
Examples of gross misconduct may include:
• Theft
• Physical violence
• Accessing pornography through the internet
• Being drunk at work
• A serious breach of confidence
You may have been dismissed for unsatisfactory conduct, but feel that the dismissal was actually unfair. If so, you would be well-advised to seek legal advice from a solicitor who specialises in employment law. An employment solicitor would be able to assess your case and guide you through the process of taking your case to an Employment Tribunal, if appropriate.