Disciplinary offences

Q: One of our members has been suspended for an alleged breach of health and safety. Managers say this is a very serious offence and could lead to his dismissal, but have not provided any details. Is he entitled to see evidence before they take disciplinary action?

A: An employee faced with a disciplinary hearing must know the charges against him/her and be given the opportunity to respond before a decision is made. A failure to do so is a breach of the ACAS Code of Practice on disciplinary and grievances, which a tribunal has a duty to take into account in unfair dismissal claims. (The Code is available at www.acas.org.uk/media/pdf/l/p/CP01_1.pdf.)

If an employee is dismissed without being told the charges against him/her, the dismissal will almost certainly be unfair.

If the employee is unaware that what s/he has done is wrong and can result in dismissal, this may also make the dismissal unfair — which is why the Code of Practice says that employers should explain what it regards as disciplinary offences.