Employment Rights Act 1996: Primary legislation governing employment rights, particularly sections relating to unfair dismissal and disciplinary procedures. Forms the backbone of employment procedural requirements.
Equality Act 2010: Ensures the disciplinary process doesn't discriminate against protected characteristics such as age, gender, race, disability, religion or belief, sexual orientation, marriage/civil partnership, pregnancy/maternity, or gender reassignment.
ACAS Code of Practice: Key guidance document on disciplinary procedures that employment tribunals take into account when assessing cases. Failure to follow it can result in up to 25% increase in compensation awards.
Human Rights Act 1998: Particularly Article 6 which ensures the right to a fair hearing. This applies to disciplinary proceedings and ensures procedural fairness.
GDPR and Data Protection Act 2018: Governs how personal data should be handled during the disciplinary process, including record keeping, data security, and confidentiality requirements.
Trade Union and Labour Relations (Consolidation) Act 1992: Relevant when dealing with union members, including their right to union representation during disciplinary proceedings.
Right to be Accompanied: Statutory right for employees to be accompanied by a trade union representative or work colleague at disciplinary hearings.
Notice Requirements: Legal requirement to provide reasonable notice of disciplinary hearings to allow adequate preparation time.
Right to Appeal: Fundamental right of employees to appeal against any disciplinary decision, which must be clearly communicated in the process.
Record Keeping Requirements: Legal obligation to maintain accurate and complete records of all disciplinary proceedings and outcomes.
Confidentiality Provisions: Legal requirements regarding confidentiality during and after disciplinary proceedings, balancing transparency with privacy rights.
