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Disciplinary procedures

Overview

Disciplinary rules and procedures underpin an employer's ability to maintain effective and safe operations. Employers are required by law to have a disciplinary procedure which should be communicated to employees within 28 days of the start of their employment. Procedures should include the steps taken in relation to ensuring employees receive a fair procedure which includes the elements of the Code of Practice on Grievance and Disciplinary Procedures 2000.

In order to obtain a fair dismissal under the Unfair Dismissals Acts, 1977-2015, employers must have a potentially fair reason for dismissal and have adhered to procedural correctness throughout. The procedural steps are commonly where employers face the highest risk, because although they may have a good reason for dismissing an employee, they have not followed fair procedures when carrying out disciplinary and dismissal procedures.