Disciplinary procedures in Northern Ireland

A disciplinary process in Northern Ireland should give you a written account of what you are accused of, a hearing where you can answer it, a decision in writing and a chance to appeal. Your employer should have the procedure in writing and available to all staff. The Labour Relations Agency (LRA) Code of Practice sits behind it. nidirect says the Code is not directly enforceable, but a tribunal can take it into account in an unfair dismissal claim. For the national picture, see the disciplinary procedures guide, then use this one for the Northern Ireland points.

The steps

Employers may try to settle a problem informally first, or go straight to formal action. The formal route nidirect describes is a letter setting out the reasons the employer is considering action, a meeting, a decision and a chance to appeal. If your contract has its own procedure, the employer should follow it, and failing to could be a breach of contract.

Suspension

If you are suspended, you should be told why. It should be on full pay, and you keep your employment rights. Unpaid pay can be claimed as an unlawful deduction from wages. You may be told not to contact colleagues or customers. If that stops you defending yourself, it can be a ground for appeal, but ignoring the instruction may lead to further action.

Investigation

An investigation should be unbiased, fair and reasonable, and aim to establish the facts. You should get copies of the information collected. Resigning does not stop the employer carrying on with it.

The hearing

The invitation should come with the initial statement or very soon after, and the meeting must happen before any action is taken. It should be at a reasonable time in a private place, with enough time for you to prepare. nidirect does not set a minimum period.

You should normally get written evidence beforehand and be able to question witnesses, though an employer may keep the identity of a colleague who does not want to be named. You can bring your own witnesses or statements and ask for notes of the meeting. If you cannot attend, the employer is expected to rearrange once if possible. After that the meeting may go ahead without you, and you can send a written statement or a representative.

Your companion

You can be accompanied by a colleague or union representative. If you are not in a union and no colleague will go, you can ask to bring someone else, but the employer can refuse unless your contract says otherwise. Your companion can take notes and speak for you, but cannot answer questions for you. See trade unions in the public sector for how representation works in public bodies.

Warnings and outcomes

The decision should be given at or soon after the meeting and confirmed in writing. The outcomes nidirect lists are no action, a verbal warning, a written warning, a final warning, demotion or dismissal. The procedure should say how many warnings come before a final warning or dismissal, and written warnings should state the reason and how long they stay in force. For serious matters such as theft or violence, an employer can go straight to a final warning or dismissal. It should act consistently with how it has treated others.

Demotion or unpaid suspension is possible only if your contract allows it. Your job description cannot be changed as a punishment, and you cannot be fined unless the contract permits.

Appealing

The employer must tell you of your right to appeal. Appeal in writing, giving your reasons. The grounds nidirect lists are that the decision was wrong, the procedure was unfair, the punishment was too harsh, or new evidence has come up. The appeal is usually heard by a more senior manager, and you can be accompanied again. Check the time limit for appealing, which is usually in the written procedure. If time is short, send the appeal and say you will add detail later.

nidirect says you must appeal before making a tribunal claim, or any compensation may be reduced.

Going to a tribunal

You cannot bring a claim against a warning alone. After an unsuccessful appeal, and subject to early conciliation, you can go to an Industrial Tribunal for unlawful discrimination in the procedure, breach of statutory rights, constructive dismissal or unfair dismissal. The usual limit is three months, and you must first notify the LRA about early conciliation. A year’s service is normally needed for unfair dismissal. Unfair dismissal in Northern Ireland covers that route.

What to check

• The letter: does it say what you are accused of and what could happen?
• The date of the hearing and whether your companion can attend.
• Copies of the evidence and any witness statements.
• The appeal deadline in your own procedure.

Free advice is available from the Labour Relations Agency, Advice NI and your union.