Disciplinary Meeting Checklist
- So far as possible, separate the role of investigator, disciplinary hearing decision maker and appeal hearing decision maker.
- Consider suspension of employee (on full pay) pending investigations.
- Investigate fully and promptly.
- Give employee reasonable notice in writing of meeting, full details of complaint, copies of any witness statements/other relevant documentation, advise it is a disciplinary matter and detail all possible outcomes.
- Invite employee in writing to bring fellow employee/trade union representative to meeting.
- Put allegations in full to employee and provide employee with opportunity to respond.
- Take full minutes of all investigatory and disciplinary meetings.
- Adjourn before giving a decision.
- Confirm decision in writing.
- Always advise employee of right of appeal and how it should be exercised.
- Employee must be invited to appeal hearing if appeal requested.
- Always ensure you follow the ACAS code of practice on disciplinary and grievance procedures.
Unfair dismissal awards can now exceed £135,000. Always ensure a fair procedure is followed.
Redundancy Checklist
- Consider whether Form HR1 requires to be
submitted (if 20 or more redundancies). - Follow the collective consultation requirements (if 20 or more redundancies).
- Consider whether employee representatives require to be elected/consulted.
- Consult with employees on business reasons for redundancies.
- Follow any written redundancy procedure.
- Identify a redundancy pool.
- Adopt fair selection criteria.
- Consult with employees regarding avoiding/reducing redundancies and procedure to be adopted.
- Advise employees of their score and how it was arrived at.
- Consider the possibility of ‘bumping’ and seek the
views of the employee. - Consider alternative employment.
- Follow a fair procedure, including a right of appeal.
- Document all of the above.
If you fail to do any of the above, then any dismissal may be unfair. Additional steps may be required depending on the circumstances.
Statutory Redundancy Pay
Calculate pay using the statutory redundancy payment calculator - use calculator.
Tribunal Awards
For dismissals and claims from 6 April 2024).
| EMPLOYMENT RIGHT | MAXIMUM AWARD |
| Unfair dismissal | |
| Basic award | £21,000 |
| Compensatory award* | £115,115 |
| A week's pay | £700 |
| Additional award | 26 to 52 weeks' pay |
| Dismissals for health and safety reasons | No limit |
| Discrimination | |
| Sex, race, age, sexual orientation, disability, religion/belief, gender reassignment, marriage/civil partnership and pregnancy/maternity |
No limit |
| Breach of contract | £25,000 |
*There is also a 12 months’ pay cap on the compensatory award for
unfair dismissal. The cap on the compensatory award is the lower
of £115,115 or 52 weeks’ pay (based on the claimant’s gross salary
prior to the dismissal including employer pension contributions,
but excluding benefits-in-kind and discretionary bonuses).
Dismissals for whistleblowing or related to certain health and
safety reasons remain uncapped as do dismissals where there has
been unlawful discrimination
National Minimal Wage
(From April 2024)
| National living wage rate (21 and over) | £11.44 |
| 18 to 20 | £8.60 per hour |
| Under 18 | £6.40 per hour |
| Apprentice rate | £6.40 per hour |
- A worker who is under 18 must be at least of school leaving
age to get the National Minimum Wage. - Apprentice rate applies to apprentices under 19 or 19 and
over in the first year of their apprenticeship. - Rates will change in April 2025
Family Friendly Leave
| Maternity leave | 39 weeks / 13 weeks unpaid |
| Paternity leave | 2 weeks paid |
| Adoption leave | 39 weeks / 13 weeks unpaid |
| Shared paternal leave | 37 weeks / 13 weeks unpaid |
| Parental leave | 18 weeks unpaid |
| Parental bereavement leave | 2 weeks paid |
| Carer's leave | 1 week unpaid |
- Figures shown are the maximum statutory entitlement.
- Contractual entitlement may be more generous.
- Certain leave is subject to employee meeting qualifying criteria.
- Paid leave is subject to certain statutory rates.
- Shared parental leave (SPL) is available to eligible parents of babies or children placed for adoption. If the parent reduces their maternity/adoption leave entitlement, then they and/or their partner may take any remaining weeks as SPL.
- Neonatal leave to be introduced in due course.
See: the Government's page on Holidays, time off, sick leave, maternity and paternity leave for further details.
Statutory Holiday Entitlement
Minimum holiday entitlement for a full-time employee is 28 days (inclusive of public holidays).
Statutory Notice
- Employee entitled to 1 week’s notice for each year of service up to a maximum of 12 weeks. If contractual notice is more generous, then it prevails.
- Employer entitled to only 1 week’s notice of termination by employee unless contract specifies a longer period.
Employment Law Training
We offer a series of practical employment law courses covering key employment law and related HR issues, including:
- Disciplinary & grievance issues
- Managing employees (performance & sickness absence)
- Discrimination & harassment
- Employment Tribunal procedure & witness familiarisation
- Immigration & employment
- GDPR: The practical day-to-day skills you need to know in the workplace
- Employment law essentials
Our courses are designed for business owners, HR professionals, line managers, in-house lawyers, finance team members, charity trustees and board appointees.
All of our courses have a very practical focus, drawing on our many years of experience of advising both employers and employees. Our
courses can be delivered face-to-face or via a live webinar.
Please contact Innes Clark for further details.
Employment Law Guide & Timeline
For a brief guide to employment law, see our dedicated page.
For a timeline of changes to employment law, visit our page.
Useful Websites
- Employment Tribunal Service www.gov.uk/employment-tribunals
- Healthy Working Lives www.healthyworkinglives.scot
- GOV.UK www.gov.uk/browse/employing-people
- HM Revenue & Customs www.hmrc.gov.uk
- Health & Safety Executive www.hse.gov.uk
- ACAS www.acas.org.uk
- Information Commissioner’s Office www.ico.org.uk
- Equality & Human Rights Commission www.equalityhumanrights.com
- CIPD www.cipd.co.uk
Keep Up to Date on Employment Law Issues
Our monthly e-mail updates provide practical information highlighting changes in employment procedures and law as well as details of the employment webinars we run throughout the year. Sign up to our newsletter.
