Employment Rights Act 1996: Primary legislation setting out basic employment rights, definitions of fair/unfair dismissal, and requirements for disciplinary procedures. Forms the foundation for employment protections in England and Wales.
ACAS Code of Practice: Statutory guidance on disciplinary and grievance procedures. Failure to follow can lead to increased tribunal awards. Establishes principles of fairness and reasonable behavior in workplace disputes.
Equality Act 2010: Ensures non-discrimination in disciplinary processes, protects against unfair treatment based on protected characteristics, and requires reasonable adjustments for disabled employees.
Human Rights Act 1998: Guarantees fundamental rights in disciplinary processes including right to fair treatment, privacy, and representation.
Data Protection Act 2018 and UK GDPR: Governs the handling of personal information, record keeping requirements, and data privacy considerations in disciplinary proceedings.
Employment Relations Act 1999: Establishes the right to be accompanied at disciplinary hearings and requirements for fair process in employment relationships.
Company Policies and Procedures: Internal organizational rules and procedures that must be followed during disciplinary processes to ensure consistency and fairness.
Employment Contract Terms: Specific contractual obligations and terms that may affect or govern disciplinary procedures for individual employees.
Collective Agreements: Any applicable agreements between employer and trade unions or worker representatives that may impact disciplinary procedures.
Industry-Specific Regulations: Additional regulatory requirements specific to certain industries that may affect how disciplinary matters are handled.
