- Latest available (Revised)
- Original (As enacted)
- Point in Time (08/07/2002)
Employment Act 2002
You are here:
- 2002 c. 22
- SCHEDULE 2
- Part 1
What Version
Advanced Features
- Show Geographical Extent(e.g. England, Wales, Scotland, Northern Ireland)
- Show Timeline of Changes
Opening Options
Status:
Point in time view as at 08/07/2002. This version of this part contains provisions that are prospective.
Status
The term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section. A version of a provision is prospective either:
- where the provision (Part, has never come into force or;
- where the text of the provision is subject to change, but no date has yet been appointed by the appropriate person or body for those changes to come into force.
Commencement Orders listed in the ‘Changes to Legislation’ box as not yet applied may bring this prospective version into force.
Changes to legislation:
There are outstanding changes not yet made by the legislation.gov.uk editorial team to Employment Act 2002. Any changes that have already been made by the team appear in the content and are referenced with annotations.
Changes to Legislation
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
Valid from 31/07/2002
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.
Options/Help
Print Options
Print The Whole Act
Print The Whole Schedule
Print This Part only
Legislation is available in different versions:
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
See additional information alongside the content
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Opening Options
Different options to open legislation in order to view more content on screen at once
More Resources
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
- the original print PDF of the as enacted version that was used for the print copy
- lists of changes made by and/or affecting this legislation item
- confers power and blanket amendment details
- all formats of all associated documents
- correction slips
- links to related legislation and further information resources
More Resources
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
- the original print PDF of the as enacted version that was used for the print copy
- correction slips
Click 'View More' or select 'More Resources' tab for additional information including:
- lists of changes made by and/or affecting this legislation item
- confers power and blanket amendment details
- all formats of all associated documents
- links to related legislation and further information resources