Employment Rights Act 1996: Primary legislation establishing basic employment rights, requirements for fair disciplinary procedures, and employee's right to written particulars of employment
ACAS Code of Practice: Practical guidance for handling disciplinary situations, considered by tribunals and establishes principles of natural justice in disciplinary proceedings
Equality Act 2010: Ensures warnings are not discriminatory based on protected characteristics, requires reasonable adjustments for disabled employees, and protects against victimisation
GDPR and Data Protection Act 2018: Regulates disciplinary record storage and processing, defines data retention periods, and ensures employee privacy rights
Human Rights Act 1998: Ensures fair treatment, right to defend oneself, protects privacy rights, and ensures proportionate responses in disciplinary procedures
Right of Accompaniment: Employee's statutory right to be accompanied at disciplinary hearings by a trade union representative or work colleague
Written Warning Requirements: Must include clear description of misconduct/performance issue, specific improvement required, timeframe for improvement, and consequences of failure to improve
Appeal Rights: Employee's right to appeal against disciplinary decisions, including written warnings, must be clearly stated and process explained
Documentation Requirements: Need for proper documentation including signatures from both employer and employee, dates, and data protection statements
