MISCONDUCT - Fair procedures?

• If there is repeated misconduct, the employer must give you warnings.
• A final warning for repeated misconduct or serious misconduct should in writing.
• There must be a hearing where you:
  • are told in advance what the charges are against you
  • are given enough time - 1 or 2 working days - to prepare for the hearing
  • are present and allowed to give your case
  • are allowed to have a representative present
  • are allowed to see documents and cross-examine evidence
  • are allowed to cross-examine the employer's witnesses
  • are allowed to call witnesses
  • are given reasons for any decisions taken

INCAPACITY - Fair procedures?

Dismissal for poor performance wil ony be fair if the employer:

• has given you proper training, instructions, guidance and advice
• assessed your performance over a reasonable period of time
• investigated the reasons for continued poor performance
• investigated ways of solving the problem without resorting to dismissal
• gave you a chance to be heard before deciding to dismiss
• tried to find you alternative work if possible
• gave you a chance to explain

In addition, if you were sick or disabled dismissal will only be fair if your employer:

• investigated the degree and length of your injjury or illness
• tried to adap the work so you could still perform your duties Go to Incapcitiy procedures to find out more.