Misconduct disciplinary flowchart | Winston Solicitors

Misconduct disciplinary flowchart

If you are experiencing a misconduct issue with an employee you can use our misconduct disciplinary flowchart to help you with your procedures*

misconduct disciplinary flowchart

*This flow chart is intended for guidance purposes only and should not be used without taking legal advice

Misconduct disciplinary procedure in the workplace*

1. Is there a conduct issue?

  • NO - no action is required
  • YES - there is a conduct issue (proceed to point 2)

2. Is the conduct issue fairly minor?

  • YES - deal with it informally. Speak with your employee, explain the problem and what is required to resolve the issue.
  • NO - the issue is not minor (proceed to point 3)

3. Is the issue with your employee potentially very serious? eg gross misconduct or final written warning?

  • YES - consider suspending your employee (with pay). Confirm suspension in writing. (proceed to point 4).
  • NO - at this point it is not deemed very serious (proceed to point 4).

4. Carry out internal investigation.

5. Write to your employee and invite them to a disciplinary hearing. Hold the meeting.

6. Is the employee guilty of misconduct?

  • NO - no further action is required. CONFIRM IN WRITING.
  • YES - employee is guilty of misconduct. (proceed to point 7.)

7. Is it gross misconduct? Theft, insubordination etc?

  • YES - Dismiss and offer 'right of appeal' in writing (proceed to point 12).
  • NO - employee is not guilty of gross misconduct (proceed to point 8).

8. Is employee on a final written warning?

  • YES - Dismiss and offer 'right of appeal' in writing (proceed to point 12).
  • NO - employee is not on a final written warning (proceed to point 9).

9. Is employee on a written warning?

  • YES - Dismiss and offer 'right of appeal' in writing (proceed to point 12).
  • NO - employee is not on a written warning (proceed to point 10).

10. Is employee on a verbal warning?

  • YES - Dismiss and offer 'right of appeal' in writing (proceed to point 12).
  • NO - employee is not on a verbal warning (proceed to point 11).

11. Verbal warning and offer a 'right of appeal' in writing

12. Has the employee appealed?

  • NO - employee does NOT appeal. No further action is required.
  • YES - employee DOES appeal (proceed to point 13).

13. Arrange and appeal hearing. Hold the hearing.

14. Notify outcome of appeal in writing.

*This information is intended for guidance purposes only and should not be used without taking legal advice.

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