Disciplinary terms - Contract of Employment

Disciplinary action results when an employee fails wilfully to comply with their contractual obligations whether express or implied. The contract should either include a disciplinary procedure or refer to where such a procedure exists. There is a requirement that the Written Statement must either include the disciplinary rules or specify where they may be found. Some employers included the Disciplinary and Grievance Procedures in the contract. Our view is that such inclusion makes the contract too long and by including them in the contract they become fixed. For further information see discipline section indexed left.

Example Clauses

When the Company believes an employee has committed a discipline offence, Company will ensure that the matter is dealt with promptly and fairly in accordance with natural justice.

A copy of the disciplinary procedures applicable to your employment is included in the Staff Handbook. Those procedures do not form part of your contract of employment. The disciplinary procedures are intended as guidelines which may be helpful in particular circumstances and the Company reserves the right to leave out any or all of the stages of the disciplinary procedure where it considers it appropriate.

In cases of gross misconduct the Company reserves the right to dismiss you without notice or pay in lieu.