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Employment Act 2002

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Prospective

Part 1 E+W+SDismissal and disciplinary procedures

Chapter 1 E+W+S Standard procedure

Step 1: statement of grounds for action and invitation to meetingE+W+S

1(1)The employer must set out in writing the employee’s alleged conduct or characteristics, or other circumstances, which lead him to contemplate dismissing or taking disciplinary action against the employee.

(2)The employer must send the statement or a copy of it to the employee and invite the employee to attend a meeting to discuss the matter.

Step 2: meetingE+W+S

2(1)The meeting must take place before action is taken, except in the case where the disciplinary action consists of suspension.

(2)The meeting must not take place unless—

(a)the employer has informed the employee what the basis was for including in the statement under paragraph 1(1) the ground or grounds given in it, and

(b)the employee has had a reasonable opportunity to consider his response to that information.

(3)The employee must take all reasonable steps to attend the meeting.

(4)After the meeting, the employer must inform the employee of his decision and notify him of the right to appeal against the decision if he is not satisfied with it.

Step 3: appealE+W+S

3(1)If the employee does wish to appeal, he must inform the employer.

(2)If the employee informs the employer of his wish to appeal, the employer must invite him to attend a further meeting.

(3)The employee must take all reasonable steps to attend the meeting.

(4)The appeal meeting need not take place before the dismissal or disciplinary action takes effect.

(5)After the appeal meeting, the employer must inform the employee of his final decision.

Chapter 2 E+W+S Modified procedure

Step 1: statement of grounds for actionE+W+S

4The employer must—

(a)set out in writing—

(i)the employee’s alleged misconduct which has led to the dismissal,

(ii)what the basis was for thinking at the time of the dismissal that the employee was guilty of the alleged misconduct, and

(iii)the employee’s right to appeal against dismissal, and

(b)send the statement or a copy of it to the employee.

Step 2: appealE+W+S

5(1)If the employee does wish to appeal, he must inform the employer.

(2)If the employee informs the employer of his wish to appeal, the employer must invite him to attend a meeting.

(3)The employee must take all reasonable steps to attend the meeting.

(4)After the appeal meeting, the employer must inform the employee of his final decision.

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