Claiming compensation for unfair disciplinaries at work

UK workplaces are governed by rules and regulations to ensure that employees perform their duties professionally and ethically. To maintain these standards, employers often implement disciplinary procedures, or ‘disciplinaries’ as they are also known.

This article will explore what disciplinaries are in UK workplaces, how they relate to wrongful dismissal, together with examples of correct and incorrect disciplinary procedures.

We’ll also consider when you might claim for unfair dismissal due to unfair disciplinary action, the compensation you might get, the evidence you’ll need, and how to initiate a claim for compensation for unfair dismissal based on the unfair disciplinary action that your employer has taken against you.

For further guidance and practical advice, see also our article on Disciplinaries at work.

What are disciplinaries in the workplace?

Disciplinaries, or disciplinary procedures, are processes followed by employers in order to address and rectify issues with an employee’s behaviour, conduct, or performance in the workplace. These procedures are intended to maintain order, protect your employer’s interests, and ensure a safe and respectful work environment.

Disciplinary procedures typically involve a series of steps, which may include informal discussions, verbal warnings, written warnings, suspension, and ultimately, termination if the issues persist or are severe enough. See our article on disciplinary procedures for further detail The aim of these procedures is not solely punitive but also corrective, giving you the opportunity to improve your conduct.

How do workplace disciplinaries relate to wrongful dismissal?

We’re often asked how disciplinaries relate to wrongful dismissal. Wrongful dismissal and disciplinary procedures are related, but they are not the same thing. Wrongful dismissal refers to a situation where your contract of employment is terminated unlawfully. This could be due to various reasons, such as discrimination, breach of contract, or failure to follow proper dismissal procedures.

Disciplinary procedures come into play before a dismissal occurs. If your employer follows the appropriate disciplinary process and terminates your contract as a last resort, and after addressing the issues according to the procedure, it may be regarded as a lawful dismissal. However, if the disciplinary procedure is not followed correctly or fairly, it can lead to you making a claim of wrongful dismissal.

Examples of workplace disciplinaries

Below is an example of a workplace disciplinary that’s been carried out correctly by the employer, followed by another example undertaken incorrectly

Example of a workplace disciplinary carried out correctly

Imagine you’re an employee who consistently arrives late for work without a valid reason. Your employer initiates a disciplinary procedure by holding an informal meeting with you to discuss the issue. After this, they give you a verbal warning outlining the consequences of continued lateness. You take the warning seriously and begin to arrive on time, so the issue is successfully resolved.

Example of a workplace disciplinary carried out incorrectly

In contrast, suppose your employer immediately suspends you for lateness without prior discussion or warning. This action is taken without considering any extenuating circumstances or allowing you an opportunity to explain. This could be seen as an unfair disciplinary action, potentially leading to a wrongful dismissal claim if your employment is subsequently terminated.

When to claim for unfair dismissal based on unfair disciplinary action

You can claim for unfair dismissal if you were unfairly treated during the disciplinary process and subsequently terminated. To make a successful claim, certain criteria must be met:

You must have been continuously employed for at least two years (with some exceptions).
The dismissal must be related to one of the following: conduct, capability, redundancy, or what’s called a ‘statutory bar’ (for example, if a delivery driver loses their licence, this creates a statutory bar for the employer, because they can’t continue to employ the person as a delivery driver).
Your employer must have followed a fair and reasonable disciplinary procedure.

If your employer fails to follow a fair procedure or acts unreasonably during the disciplinary process, you may have grounds for an unfair dismissal claim.

What compensation could you get for an unfair disciplinary?

If you can successfully prove that your dismissal was unfair due to an unjust disciplinary procedure, you may be entitled to compensation. The compensation can include:

Reinstatement: You may be reinstated in your previous position.
Re-engagement: You may be offered an alternative position within the company.
Compensation: If reinstatement or re-engagement is not possible or appropriate, you can receive financial compensation.

The amount of compensation will vary widely depending on factors such as your length of service, salary, and the circumstances of the case. However, it is important to consult with a legal professional to determine the potential compensation amount.

Evidence needed for an unfair disciplinary claim

To bring a successful unfair dismissal claim based on an unfair disciplinary, you should gather evidence to support your case, including the following:

Documentation: Keep copies of all related correspondence, including emails, letters, and disciplinary notices.
Witness statements: If colleagues or supervisors were present during the disciplinary process or can provide relevant information, obtain their statements.
Recordings: If permissible and relevant, audio or video recordings of meetings and conversations may be used as evidence.
Expert opinions: Seek expert opinions, such as legal advice or HR guidance, to validate your claim.

It’s important to document the entire disciplinary process and to gather evidence as it unfolds, so as to strengthen your case.

How to progress an unfair disciplinary claim?

We would always advise a client to aim for a settlement agreement in the first instance, to avoid the stress and time of an employment tribunal claim. However, if your employer won’t negotiate, you may have no choice but to take your unfair dismissal claim based on unfair disciplinary action, to an employment tribunal. Here are the main steps involved:

Get legal advice: Consult an employment law specialist such as Monaco Solicitors, to assess the strength of your case and to understand your legal options.
Seek early conciliation: Before making a tribunal claim, you must contact Acas (the Advisory, Conciliation, and Arbitration Service) for early conciliation. Acas will attempt to mediate and resolve the issue without you having to go to an employment tribunal.
Submit an employment tribunal claim: If early conciliation doesn’t result in a resolution, you can submit your unfair dismissal claim to an employment tribunal. You can do this online or by completing the appropriate paper form.
Attend the hearing: You will need to attend an employment tribunal hearing where both parties present their cases. Ensure you have all your evidence and witnesses prepared.
Await the decision: The tribunal will make a decision based on the evidence presented, and if your claim is successful, you may receive compensation or reinstatement.

Get help to resolve your work disciplinary issue

If you believe you have been unfairly dismissed due to an unjust disciplinary process, get in touch with Monaco Solicitors, expert specialists in employment law. Our friendly legal team will give you advice and guidance drawing on years of successful practice. In particular, they will help you protect your rights and to seek fair compensation. Get in touch

By way of this website link
By phone on 020 7717 5259
By email: communications@monacosolicitors.co.uk