Whilst specific information requirements may be outlined in the employment contract or internal policies, adherence to the statutory minimum statutory disciplinary procedures is mandatory for all employers in Northern Ireland.

After completing the initial investigation and gathering evidence to aide their decision, the employer should formally inform the employee in writing about:

1. the allegations being made against them;
2.  the time and place for the disciplinary meeting; and
3. their rights to be accompanied and to rearrange another meeting within five days if the employee or their accompanying person cannot attend on the initial date proposed.

Following the disciplinary meeting (in which the employee should have set out their case and provided any relevant supporting evidence), employers must issue a written decision to the employee which clearly states the decision and the grounds for same. Within this written decision, the employer must present the employee with an opportunity to appeal the decision.

Should the employee choose to appeal this decision, the employer should issue a similar formal appeal decision in writing.

In any event, employers should keep records of all investigations carried out, evidence obtained and correspondence exchanged between the parties to narrate the key procedures followed. Such records can serve as crucial evidence in the event that a disgruntled employee brings a Tribunal application against their former employer. This is of critical importance as in the event that the Tribunal determines that statutory procedure has not been followed, the employee will normally be entitled to a 10-50% uplift in any compensation awarded.

Legal Island Training Resources for Your Staff

HR Toolkit | eLearning Course

Are you responsible for overseeing the implementation of training for all employees in your organisation?
Legal Island has created an HR Toolkit that aims to provide comprehensive training to assist HR professionals in supporting line managers and employees throughout the employee journey. The suite of courses will offer practical advice to assist you in updating your processes and procedures and help you understand your legal obligations.

Click here to view our HR toolkit.