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Disciplinary Procedures

While employers would prefer not to have to refer to their disciplinary procedures’ manual, it is often inevitable for many small medium and enterprise scale businesses or organisations.

Whether the individual is not performing to the standard required or their conduct has given rise for concern, disciplinary procedures, if drafted and carried out effectively can, in many cases, resolve matters amicably and permanently.

Our Disciplinary Procedures Expertise

We have been assisting businesses across Ireland for over 35 years in relation to their Employment and human resources legal requirements.

We have handled many cases of disciplinary matters ranging in complexity, and where required, involve dismissal.

In many situations, an informal mediation approach has proven highly effective, minimising the cost, time associated and avoiding the need to involve the Workplace Relations Commission ("WRC") or the Courts.

The Code of Practice on Grievance and Disciplinary Procedures (the "Code") was published by the Workplace Relations Commission in 2020 (as necessitated by the Industrial Relations Act 1990) and defines best practice for the handling of grievance and disciplinary proceedings by employers.

The Code is designed to ensure that any disciplinary procedures are fair, rational and that the basis for any disciplinary proceedings are made clear to the employee concerned, as well as any possible sanctions and internal appeal procedure.

The process specifically encourages a number of stages for handling disciplinary procedures, commencing with the involvement of the immediate line manager, but then progressing to increasing levels of seniority thereafter. This process should be incorporated into any disciplinary procedure document, and contained in a company employee handbook made available to all employees.

The Code states that disciplinary action may include:

An oral warning
A written warning
A final written warning
Suspension without pay
Transfer to another task, or section of the enterprise
Demotion
Some other appropriate disciplinary action short of dismissal
Dismissal

Also incumbent within the Code is for employers to provide a genuine opportunity to allow employees explain their actions and seek to resolve the matter amicably, and they must be afforded a ‘fair and impartial hearing of the issues concerned’.

The Code of Practice on Grievance and Disciplinary Procedures (the "Code") states that disciplinary action may include:

An oral warning
A written warning
A final written warning
Suspension without pay
Transfer to another task, or section of the enterprise
Demotion
Some other appropriate disciplinary action short of dismissal
Dismissal

Also incumbent within the Code is for you to provide genuine opportunities to allow your employee to explain their actions and seek to resolve the matter amicably, and they must be afforded a ‘fair and impartial determination of the issues concerned’.

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Key Contacts

Marc Fitzgibbon

Partner

Nikita Kelly

Solicitor

Why Choose Lavelle Partners for Disciplinary Procedures?

Our Employment Team, headed up by Partner Marc Fitzgibbon, has been assisting employers for over 35 years in relation to dismissal and disciplinary procedures and have developed a strong reputation for achieving excellence in this area of law.
Marc is ranked in Band 2 in the latest Chambers and Partners Europe 2024 Guide for Employment: Mainly Plaintiff.
We understand the need to ensure that any disciplinary procedure or dismissal is carried out in full accordance with employment legislation and best practice, thereby protecting you or your business from the threat of a claim or reputational damage.
Our solicitors will work alongside your in-house or external HR team, ensuring that the disciplinary process is handled efficiently, with the utmost of professionalism and confidentiality and with the minimum of demands on your resources.
As a full-service law firm, client's benefit from our multi-disciplinary offering and our specialist legal expertise across a number of related practice areas including Banking & Finance, Corporate & Commercial and Property.

Need Help? Just Ask.

For expert legal advice on Disciplinary Procedures or any Employment matter, call us on +353 1 644 5800 or email law@lavellepartners.ie

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What Our Clients Say

“Marc Fitzgibbon has a highly pragmatic approach, with a very high level of expertise.”

Chambers and Partners Europe, 2024

“Marc Fitzgibbon stands out as an expert in his field, providing pragmatic support that goes beyond advice and expertise. He provides guidance with respect and understanding, facilitating decisions in the client’s best interest.”

The Legal 500, 2023

“Marc Fitzgibbon excels in all the particular strengths of the Employment team of Lavelle Partners. His in-depth knowledge of how Employment law works in practice is matched with a thoughtful strategic approach. Coupled with an ability to effectively communicate this to the client, enables a collaborative approach which produces good outcomes.”

The Legal 500, 2023

“Marc Fitzgibbon and his team provide exceptional expertise, practical and pragmatic advice to clients.”

The Legal 500, 2023

“The Lavelle Employment law team is highly responsive, helpful and very well informed. Their attention to detail is very strong and the team’s commitment to their clients is exceptional.”