Employment Rights Act 1996: Primary legislation governing employment rights, including key sections on unfair dismissal and disciplinary procedures. Fundamental for ensuring legal compliance in disciplinary actions.
Equality Act 2010: Legislation ensuring disciplinary actions are non-discriminatory and protecting employees from unfair treatment based on protected characteristics.
Human Rights Act 1998: Ensures disciplinary procedures respect fundamental human rights and fair treatment principles.
Data Protection Act 2018 and UK GDPR: Governs the handling and protection of personal information during disciplinary proceedings and record-keeping.
ACAS Code of Practice: Provides practical guidance on handling disciplinary situations and grievances in the workplace, including procedural requirements.
Employment Act 2002 (Dispute Resolution) Regulations: Sets out specific requirements for handling employment disputes and disciplinary matters.
Employment Tribunals Regulations 2013: Establishes rules and procedures for employment tribunals, relevant if disciplinary actions lead to tribunal claims.
Natural Justice Principles: Common law principles ensuring fairness in disciplinary proceedings, including the right to be heard and right to an unbiased decision-maker.
Right to Accompaniment: Legal requirement allowing employees to be accompanied by a colleague or trade union representative at disciplinary hearings.
Appeal Rights: Legal requirement to provide employees with the right to appeal against disciplinary decisions.
Procedural Fairness: Legal requirement to follow fair and reasonable procedures throughout the disciplinary process.
Record-Keeping Requirements: Legal obligations regarding maintaining accurate and complete records of disciplinary proceedings and outcomes.
Confidentiality Requirements: Legal and practical requirements for maintaining confidentiality during disciplinary proceedings.
Relevant Case Law: Established legal precedents from employment tribunals and courts regarding disciplinary procedures and fair treatment standards.
