Employment Rights Act 1996: Primary legislation establishing fundamental employment rights, including protection against unfair dismissal and the right to be accompanied at disciplinary hearings. Forms the legislative backbone for disciplinary procedures.
ACAS Code of Practice: Statutory code providing practical guidance for handling disciplinary matters. Non-compliance can result in up to 25% increase in tribunal awards. Sets out core principles of fairness and reasonable behavior in disciplinary processes.
Equality Act 2010: Legislation ensuring non-discrimination in disciplinary processes, requiring reasonable adjustments for disabled employees and protecting against victimization. Essential for ensuring fair treatment during disciplinary procedures.
Human Rights Act 1998: Ensures fundamental rights including the right to a fair hearing, privacy considerations, and protection against discrimination in disciplinary processes.
GDPR and Data Protection Act 2018: Data protection legislation governing the handling of personal data during disciplinary proceedings, ensuring confidentiality and proper data processing practices.
Trade Union and Labour Relations (Consolidation) Act 1992: Legislation establishing rights regarding union representation during disciplinary proceedings and implementation of relevant collective agreements.
Company Policies and Procedures: Internal organizational guidelines and established procedures that must be followed during disciplinary processes to ensure consistency and fairness.
Employment Contract Terms: Specific contractual provisions that may affect or govern disciplinary procedures and must be considered when conducting disciplinary hearings.
Collective Agreements: Any existing agreements between employer and trade unions that may contain specific provisions regarding disciplinary procedures and must be adhered to.
Relevant Case Law: Previous employment tribunal and court decisions that establish precedents and principles for conducting fair disciplinary procedures.
