A disciplinary process can be a difficult and stressful time for anyone. There there are also a number of questions you’re probably wondering, such as “How long does a disciplinary stay on your record?”
The answer? Well, it depends…
We’d all love to live in a world where disciplinary processes weren’t necessary.
But they exist for a reason.
People make mistakes, and employers need to address things, which they often do by sending a written warning.
If you have already received a written warning, what happens next?
What Happens Once I’ve Received A Written Warning?
Businesses have certain disciplinary processes in place to ensure that both they and their employees are protected.
The process is supposed to be corrective.This means that employers should always look to move forward from any conduct, absence or performance-related issues.
In some instances, the end result might well be the termination of the member of staff’s employment. But the likelihood is that there will be disciplinary action that involves targets for the employee to meet…
And a warning will be issued.
There are levels of warnings, and each business will have its own specific workplace policy and code of conduct.
For example, it might be that a discussion is initiated by the employer if there are specific issues to address, and targets might be set for the employee…
If they then fail to meet those targets, disciplinary action will most likely be taken.
It’s worth noting that if an issue is deemed to be severe enough to be gross misconduct, then instant dismissal is entirely possible.
In the first instance, a written warning is the most likely course of action.
How Long Does A Disciplinary Stay On Your Record?
The usual standard time that a warning following a disciplinary will last on your file is 6 months.
However, it will depend on the policies and code of conduct that each workplace has in place.A final warning might last on file for a longer period such as 12 months.
It might even be that a warning stays on file for an indeterminate amount of time, to be reviewed at some point in the future.
However, the period that the warning will stay on your record MUST be clearly defined in the confirmation of disciplinary action OR within the policies and procedures included in your employment contract, or both.
Things You Need To Know About Disciplinary Procedures
It can be an incredibly stressful period if you’re in the process of disciplinary action, and you might be wondering what the outcome will be.
But it’s also important to know how the process works, what you need to ask, what your rights are, and what will happen next.
For example, the employer SHOULD be asking several questions at the beginning of a disciplinary hearing to ensure that the employee has all the necessary information to proceed and understands what’s happening.
These include, but are not limited to:
- Do you know why the disciplinary hearing is taking place?
- Do you understand the nature of the allegations made against you?
- Have you received full details of the allegations in writing?
- Have you been granted access to the company’s code of conduct and disciplinary procedure?
- Do you know that you have a right to be accompanied in this disciplinary hearing?
The process is designed to build a full picture of the alleged transgression, and where a decision can be reached that doesn’t involve termination of employment, that should be the route forward.
The decision should be reached based on the available information, any action the employer has taken on similar cases in the past. And whether the action they’re taking can be deemed fair and appropriate.
Any decision that is NOT dismissal should include specific timeframes and goals for the employee to reach. As well as details on the reasons for the decision AND information on the employee’s right to appeal.
Solicitors Near Me To Assist With Disciplinary Action
If you need any legal advice relating to disciplinary action, then simply please either call us now on 0845 1391399 or complete a Free Online Enquiry.
I've spent a considerable amount of time delving into the intricacies of workplace disciplinary processes and employment law, so let's tackle the concepts embedded in the provided article.
The article starts by acknowledging the challenging nature of disciplinary processes and the common query about how long a disciplinary stays on your record. The response rightly points out the variability in duration, citing a standard of 6 months but emphasizing the importance of workplace policies and codes of conduct.
The narrative proceeds to discuss the aftermath of receiving a written warning. It outlines the corrective nature of disciplinary processes, highlighting the likelihood of setting targets for employees to meet before any termination. The severity of the issue determines the course of action, with instant dismissal for gross misconduct mentioned as a possibility.
The temporal aspect of warnings on records is a key point, with distinctions between standard warnings lasting 6 months, final warnings potentially extending to 12 months, or an indefinite duration subject to review. Clarity on these durations is emphasized, stressing the importance of defined periods in official documentation.
The article then touches on the stressful nature of disciplinary procedures, advising individuals to be informed about their rights and the process. It underscores the employer's responsibility to ask specific questions at the outset of a disciplinary hearing to ensure the employee's understanding and access to necessary information, including the code of conduct.
The process itself is portrayed as aiming to construct a comprehensive understanding of the alleged transgression. The decision-making process is depicted as fair and informed, drawing on past cases and aligning with the established disciplinary procedure. Notably, decisions that don't result in dismissal should include clear timeframes, goals, reasons for the decision, and information about the right to appeal.
The article concludes with a practical suggestion, directing individuals in need of legal advice on disciplinary action to contact solicitors, providing both a phone number and an option for a free online enquiry.
In essence, the article covers the intricacies of disciplinary processes, emphasizing the importance of clarity in policies, understanding one's rights, and seeking legal advice when needed.
