In order for disciplinary action or dismissal to be fair, the employer must be able to show that there was a genuine belief, based on reasonable grounds, that the employee had committed the act of alleged misconduct, all disciplinary hearings should be conducted fairly and conform to the principles of natural justice.
If an employer fails to follow a reasonable procedure in carrying out a dismissal, then the dismissal may be unfair. It is good practice to have ‘clearly written’ disciplinary policies and procedures. Any dismissal carried out without the application of a formal, structured procedure is highly likely to be unfair.
Employees should have a clear understanding of an organisation’s disciplinary rules, including what behaviours or actions will be regarded as gross misconduct. Aura HR can ensure you have the correct policies and procedures in place. Support can also be given during any disciplinary process.