Employers should ensure that their procedure is compliant with the general provisions of the code. The procedure should provide a right of appeal as provided by the code.
The minimum disciplinary procedures must be set out as part of an employee's statement of terms and conditions of employment.
Under s.10 of the Employment Relations Act 1999, employees are entitled in law to be accompanied (if they wish) at any formal disciplinary interview by either a fellow employee or a trade union official.
Although there is no statutory right for an employee to be accompanied at a formal investigatory meeting, para.7 of the code highlights that an employer has the option of allowing such a right under its disciplinary procedure.
Employers must permit workers to take time off during working hours for the purpose of accompanying another of their workers to a disciplinary hearing. If the employer fails, or threatens to fail, to allow the employee to be accompanied, the employee may complain to a tribunal within three months and may receive compensation of up to two weeks' pay.
The existence and proper use of a disciplinary procedure are key components in determining whether or not a dismissal is procedurally fair.