PO Box 28287
Telephone: 0131 662 6988
Fax:0131 667 8175

23 Cramond Glebe Rd
Cramond Village
Telephone: 0131 336 1619

Free EnquiryHow Do I Deal With Employee Misconduct?

Dealing with employee misconduct can feel like a difficult and confusing task to deal with. As an employer you will want to ensure that you are taking all the correct steps to deal with the misconduct of an employee in the correct way. Thankfully, you do not need to go it alone if the prospect is daunting. A specialist employment lawyer will be able to help you out every step of the way to ensure you do exactly the right thing. Dealing with employee misconduct is a three step process.

The Process of Dealing With Employee Misconduct

1. Investigation

If you feel your employee may not be acting in the correct way, you must investigate this fully. You cannot act on instinct; every claim must be substantiated with evidence. It is important to handle the matter with due tact and for you to retain an open mind. An investigation will seek to ascertain whether there is misconduct and if so, the extent of the misconduct. The way you investigate the matter will depend on the suspicions. Sometimes an investigation will only be an investigatory meeting with the employee; sometimes you may have to collect files, CCTV footage, witness statements, computer records and more. In serious circumstances you may need to involve the police.

2. Disciplinary Tribunal

A disciplinary tribunal should take place at a convenient time for both you and your employee. You cannot take action against your employee without discussing the matter with them and the tribunal is a time for this to happen. The grievances you have will be explained to the employee, along with the evidence. They will then be allowed to give their side of the story and provide you with any additional information. You may have to investigate matters further if your employee provides significant information at this point. Your employee may have someone else present at this meeting but they must warn you about this prior to the meeting.

3. Right to Appeal

Following the tribunal you will write to your employee informing them of the disciplinary action you will take against them. It may be the case that you decide to take no action against them, but you will still have to ensure they are aware of this. It is possible that your employee may appeal against your decision at this point and you will have to arrange another meeting to discuss their appeal if they do so.

Need An Expert Employment Law Solicitor in Scotland?

Please call us on 0131 662 6988 or 0131 336 1619 or complete our online enquiry form.



"Faced with a complex industrial dispute involving three parties, Callander Golf Club called on the expertise of The Work Ethic to help resolve the situation. Sound legal advice backed by high-level negotiating skills led to an out-of-court settlement to the satisfaction of the Firmís clients."

J Morrison, Callander Golf Club


"Hi Stan

I would like to thank you so much for everything you did for us. It was also my pleasure to know a gentleman like you.

Looking forward to seeing you in better occasions.

All very best,


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