Disciplinary procedures

One of my members was injured in an incident at work in April. Although he reported the matter to his manager, he apparently did not follow the proper reporting procedures. More than three months after the incident and around six weeks after his return to work from sick leave, he was disciplined for failing to follow the procedures and issued with a final written warning, the union is appealing against. What kind of arguments should we use?

The code of practice on disciplinary and grievance procedures published by the advisory and conciliation service ACAS recommends that matters be dealt with "without undue delay". The code also says that "workers should be made aware of the likely consequences of breaking disciplinary rules". In the case of your member the delay between the incident and the disciplinary hearing seems to conflict with the obligation to resolve disciplinary issues without undue delay. In addition it seems that not even the manager, to whom he reported the incident explained the correct reporting structure to him. The code can be used to argue that the disciplinary action is unfair and unreasonable.

* More information: Code of Practice on Disciplinary and Grievance Procedures, ACAS 2000