Disciplinary action

Q. A member has been asked to attend an investigatory meeting regarding some complaints that have been made against him, but the employer is refusing to give any information. It says it is not obliged to do so, because this is not a disciplinary hearing. Is that correct?

A. If the hearing can result in a penalty and relates to conduct, as this does, it will be deemed to be a disciplinary hearing and the employer will have to follow the new statutory disciplinary procedure (or its own procedure, which must incorporate the statutory minimum).

If an employer fails to put a charge to an employee and then dismisses him or her, the dismissal will be unfair (see Strouthos v London Underground [2004] IRLR 636).