Members are strongly advised to contact their employment practice liability insurance provider or our advice team before undertaking any disciplinary or dismissal procedures.
Overview
Every practice must have a clear, written disciplinary procedure that explains how concerns about conduct or behaviour are managed. Having a structured approach to disciplinary procedures and dismissal in the dental practice allows you to deal with issues calmly, lawfully and consistently, while giving staff reassurance that matters will be handled fairly.
A transparent procedure is essential not only for good people management but also for legal protection. Employment tribunals can increase compensation awards by up to 25% if an organisation fails to follow the basic principles of fairness set out in the Advisory, Conciliation and Arbitration Service (Acas) Code of Practice, so a robust disciplinary procedure is a key risk management tool.
You should ensure that concerns are investigated promptly and objectively, that employees are informed of the issues raised against them, and that they are given a genuine opportunity to respond. Decisions should always be evidence based, proportionate and applied consistently across the practice, with clear records kept at each stage.
Many issues can be resolved through informal action. A quiet conversation may be sufficient for minor concerns and when done tactfully it can help prevent escalation. Where informal steps are not appropriate or have not led to improvement, a formal disciplinary procedure should be followed. This will usually involve an investigation, written notification of a disciplinary hearing, disclosure of relevant information in advance, and the right for the employee to be accompanied.
After the hearing, you must reach a reasoned decision and communicate the outcome in writing. The procedure should also explain the employee’s right to appeal. You need to be mindful of special circumstances that may affect hearings, and make reasonable adjustments where required.
Your disciplinary procedure should also clarify policies around notice periods and when pay in lieu of notice or summary dismissal may be relevant. In some situations, you may also consider a settlement agreement.
