Key steps of a disciplinary procedure

Thankfully, the majority of employment relationships run smoothly. Still, it’s only the luckiest of employers who don’t encounter an issue that requires disciplinary action.

Disciplinary processes tend to deal with misconduct issues or poor employee performance. The disciplinary procedure can be a difficult and stressful experience for everyone involved.

Here, we look at the legal obligations surrounding disciplinary proceedings.

Completing a formal disciplinary procedure

A formal disciplinary procedure typically follows a five-step process beginning with a verbal warning.

If the disciplinary issue persists, it may be necessary to issue a written warning. A final written warning will follow, and if necessary, dismissal.

Verbal warnings

A verbal warning may seem like an informal first step. But it is important to remember that it’s the first step on the formal disciplinary process. You must therefore ensure this initial action adheres to the principles of natural justice and fair procedures.

Firstly, arrange a meeting with the employee in question. Advise them that they have the right to bring a colleague or other representative (a union representative for instance). Explain the issue you have with their conduct or performance and provide them with a right of reply.

Once the meeting has concluded, you should draft a letter based on the outcome of the meeting. If the allegation is well-founded, confirm in the letter that a verbal warning has been issued. Outline that failure to improve or stop the behaviour complained of, within a specified timeframe (three to six months), will trigger the next stage of the disciplinary process.

First written warnings

Issue the first written warning within the monitoring period set out in the letter confirming the verbal warning. Again, invite the employee to a meeting, explain the nature of the problem, and provide a right of reply.

Issue the written warning which should include details of:

  • The performance or disciplinary issue.
  • How the employee can improve their performance or behaviour.
  • The sanctions that may follow if there’s no improvement within three months.

Second written warnings

If the employee has not improved their behaviour or performance within the three-month period specified in the first written warning, you may issue a second written warning.

Not all employers issue a second written warning. You may also choose to issue a first written warning and then proceed to issuing a final written warning.

Final written warnings

If the poor performance or behaviour persists, a final written warning should follow.

It’s important to confirm in the final written warning that dismissal is the next step in the process if the employee transgresses again within the monitoring period.

It’s also important to ensure this letter is well drafted as it may be later examined by the employee’s legal advisor.

Dismissal

If the employee shows no improvement within the monitoring period set out in the final written warning, you will likely need to proceed to dismissal. Arrange a meeting and notify the employee of the right to bring a representative.

Explain that the issues haven’t improved over the course of the entire disciplinary process. Thus, you’re left with no option but to dismiss the employee in accordance with the terms of the disciplinary policy.

It’s vital to provide the employee with:

  • A letter confirming the dismissal.
  • The right to appeal the decision.
  • Any time limits on the right to appeal.
  • Information on how to initiate an appeal.

If you terminate an employee without following these steps, your business could be exposed to the risk of an expensive employee claim in the Workplace Relations Commission (WRC).

Need further advice on disciplinary processes?

If you need further advice on running a disciplinary process, speak to an expert now on 01 886 0350 or request a callback here.

Book a call with a consultant

Complete the form below and a consultant will call you as soon as possible.

Book a call with a consultant

Complete the form below and a consultant will call you as soon as possible.

Latest Resources

Employer’s guide to lay-off in Ireland

lay-off in Ireland
It’s common for businesses facing a downturn in trade to let employees go on a temporary basis. As an employer, you may also need to […]

Long-term sickness absence: When to conduct an informal welfare meeting

Everyone gets sick, so short-term sickness absence is something all employers will have to deal with from time to time and tends to cause minimal […]

Notice periods: an employer’s guide

Notice periods: an employer’s guide
Notice Period: Within a business, it’s constantly necessary to re-evaluate and adjust workforce planning. Whether this is due to employees looking for different career paths […]

Olga Shevchenko

Director/Advocate, Immigration Advice Bureau

Olga Shevchenko specialises in immigration advocacy and consultancy, in particular, employment permit, visas, family reunification, citizenship, etc, for those seeking to visit, reside or invest in Ireland.

Olga provides extensive information, knowledge, and support to her clients, enabling access to positive solutions for people struggling to handle the immigration law.

Minister Neale Richmond

Minister of State, Department of Enterprise, Trade and Employment

Neale Richmond TD was appointed as Minister of State at the Department of Enterprise, Trade and Employment with special responsibility for Employment Affairs and Retail Business and the Department of Social Protection in January 2023.

Much of his work at the Department of Enterprise, Trade and Employment is with businesses, workers, their representative bodies and the State Agencies to ensure that the economic recovery and growth extends to all parts of the country. He works closely with the SME sector, including retail, on building resilience and on the transition to the green and digital economies.

Mark Carpenter

Director of Regulatory & Corporate Affairs, Sky

Mark Carpenter is Director of Regulatory & Corporate Affairs at Sky Ireland. In this role he has responsibility for External and Internal Communications, Public Policy and Regulatory Affairs and the company’s ‘Bigger Picture’ (CSR) programme. He also works closely with Sky Group teams on a variety of matters, in particular our partnerships with domestic broadcasters.

Prior to working at Sky, Mark worked as a Policy Officer in Houses of the Oireachtas and as a Management Consultant at Accenture. He has a BA in History from Oxford University and a PhD in Political Science from Trinity College Dublin.

Nora Cashe

Litigation and Compliance Manager, Peninsula

Nóra studied Law in Griffith College Dublin and qualified as a Barrister in 2008, practising in the area of Criminal law. She is also member of the Irish Employment Law Association.

Nora has extensive experience representing clients at Employment Tribunal hearings, Conciliation / Mediation meetings before both the Workplace Relations Commission and the Labour Court. 

Nóra is a member of the Irish Employment Law Association and engages with the WRC Adjudication Service as part of their stakeholder engagement forum.

Deiric McCann

Managing Director, Genos International Europe

Deiric McCann leads Genos International Europe – The EU division of a world-leading provider of emotional intelligence solutions. 

With over two decades experience at the highest levels of management, Deiric supports clients to develop the resilience, emotional intelligence, psychological safety and engagements of their employees.

Rhiannon Coyne

Senior HR Consultant, Graphite HRM

Rhiannon Coyne is a Senior HR Consultant at Graphite HRM and will be providing an overview of best practice on how to deal with complaints of bullying and harassment in the workplace. 

With a number of recent updates to employment laws, Rhiannon will take a closer look at employment equality and how it is interlinked to Health & Safety and what employers can learn from recent case laws.

David Begg

Chairman, Workplace Relations Commission

David Begg was appointed Chairperson of the Workplace Relations Commission (WRC) in January 2021.

David is also a professor at Maynooth University Institute of Social Sciences. Mr Begg’s extensive history in the trade union movement included leading the ESB Officers Association and Irish Congress of Trade Unions, stepping away from the latter in 2001 to chair international aid agency Concern.

David Begg was also previously a director of the Central Bank of Ireland between 1995 and 2010.