If you’re an employer, you will have strict disciplinary procedures in place to ensure your employees comply with the rules of the company. Forms of discipline usually include a verbal warning, a written warning, a face-to-face meeting and, finally, dismissal. You will have provided each employee with a written code of conduct and they will have signed it before they started work to signal their understanding.
Code of Conduct
But did you know that you are legally bound to comply with this yourself? If you don’t, an employee could take you to court for failing to follow the correct procedure. In other words, if the contract says the employee will be dismissed after a final warning, you are legally obliged to follow through on this. A warning should not just be considered a way of ‘scaring’ your employee into better behaviour, you must be prepared to proceed to the next step if their conduct does not improve. It might seem ridiculous that an employee could sue you for not firing them, but by not doing so you leave yourself vulnerable to legal action.
If you have been accused of failing to comply with your own code, it’s important that you speak to us as soon as possible. We will advise you on the best way to keep the argument out of court – whether by negotiation or mediation – to help you keep costs down and save the reputation of your company.
Employment Law Solicitors in Brighton