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628-44
Age | Minimum barred period
628
Report a problem about a criminal record check or barring decision
44
3,093
3,120
628-45
Under 18 | 1 year
628
Report a problem about a criminal record check or barring decision
45
3,121
3,138
628-46
18 to 24 | 5 years
628
Report a problem about a criminal record check or barring decision
46
3,139
3,157
628-47
25 or over | 10 years
628
Report a problem about a criminal record check or barring decision
47
3,158
3,179
628-48
You can use the following evidence to prove that your circumstances have changed:
628
Report a problem about a criminal record check or barring decision
48
3,180
3,261
628-49
medical reports
628
Report a problem about a criminal record check or barring decision
49
3,262
3,277
628-50
a successful appeal against a conviction
628
Report a problem about a criminal record check or barring decision
50
3,278
3,318
628-51
a specialist assessment
628
Report a problem about a criminal record check or barring decision
51
3,319
3,342
628-52
Contact DBS to ask for a review. It’s up to them whether they choose to review.
628
Report a problem about a criminal record check or barring decision
52
3,343
3,422
628-53
Appeal against the outcome of a DBS review
628
Report a problem about a criminal record check or barring decision
53
3,423
3,465
628-54
You can appeal to a tribunal if you asked DBS to review a barring list decision, and they either:
628
Report a problem about a criminal record check or barring decision
54
3,466
3,563
628-55
refused to conduct a review
628
Report a problem about a criminal record check or barring decision
55
3,564
3,591
628-56
decided to keep you on the barred list after a review
628
Report a problem about a criminal record check or barring decision
56
3,592
3,645
628-57
The tribunal may remove a person from the barred list if it agrees with the appeal. It’s up to the tribunal whether they hear the appeal.
628
Report a problem about a criminal record check or barring decision
57
3,646
3,783
628-58
Contact the Upper Tribunal to appeal against a DBS barred list review in England or Wales.
628
Report a problem about a criminal record check or barring decision
58
3,784
3,874
628-59
Contact the Care Tribunal to appeal against a DBS barred list review in Northern Ireland.
628
Report a problem about a criminal record check or barring decision
59
3,875
3,964
629-0
Overview
629
Disciplinary procedures and action against you at work
0
0
8
629-1
Your employer could start formal disciplinary action against you if they have concerns about your work, conduct or absence.
629
Disciplinary procedures and action against you at work
1
9
132
629-2
Before taking formal disciplinary action or dismissing you, your employer may try to raise the matter informally with you. However, they can go straight to their formal disciplinary or dismissal procedures.
629
Disciplinary procedures and action against you at work
2
133
339
629-3
Disciplinary procedures are a set way for an employer to deal with disciplinary issues. They should include a disciplinary hearing where you’re given a chance to explain your side of the story.
629
Disciplinary procedures and action against you at work
3
340
533
629-4
There should also be a chance to appeal any disciplinary action your employer decides to take.
629
Disciplinary procedures and action against you at work
4
534
628
629-5
How disciplinary procedures work
629
Disciplinary procedures and action against you at work
5
629
661
629-6
Your employer should put their disciplinary procedure in writing, and make it easily available to all staff.
629
Disciplinary procedures and action against you at work
6
662
770
629-7
It should say what performance and behaviour might lead to disciplinary action and what action your employer might take.
629
Disciplinary procedures and action against you at work
7
771
891
629-8
It should also include the name of someone you can speak to if you do not agree with your employer’s disciplinary decision.
629
Disciplinary procedures and action against you at work
8
892
1,015
629-9
Disciplinary steps
629
Disciplinary procedures and action against you at work
9
1,016
1,034
629-10
Your employer’s disciplinary procedure should include the following steps:
629
Disciplinary procedures and action against you at work
10
1,035
1,109
629-11
A letter setting out the issue.
629
Disciplinary procedures and action against you at work
11
1,110
1,141
629-12
A meeting to discuss the issue.
629
Disciplinary procedures and action against you at work
12
1,142
1,173
629-13
A disciplinary decision.
629
Disciplinary procedures and action against you at work
13
1,174
1,198
629-14
A chance to appeal this decision.
629
Disciplinary procedures and action against you at work
14
1,199
1,232
629-15
Acas (Advisory, Conciliation and Arbitration Service) Code of Practice
629
Disciplinary procedures and action against you at work
15
1,233
1,303
629-16
Your employer’s disciplinary procedures should follow the Acas code of practice.
629
Disciplinary procedures and action against you at work
16
1,304
1,384
629-17
Your employer does not have to follow the Acas code. However, if they do not and you win an employment tribunal against them, you could get a larger payout.
629
Disciplinary procedures and action against you at work
17
1,385
1,541
629-18
There’s more guidance about how employers should run disciplinaries in the Acas guide on discipline and grievances at work.
629
Disciplinary procedures and action against you at work
18
1,542
1,665
629-19
Disciplinary procedures and employment contracts
629
Disciplinary procedures and action against you at work
19
1,666
1,714
629-20
Your employer can also put their disciplinary procedures in your employment contract.
629
Disciplinary procedures and action against you at work
20
1,715
1,800
629-21
If your employer does this and then does not follow these procedures you could sue them for breach of contract.
629
Disciplinary procedures and action against you at work
21
1,801
1,912
629-22
Northern Ireland
629
Disciplinary procedures and action against you at work
22
1,913
1,929
629-23
Northern Ireland has different ways of solving workplace disputes.
629
Disciplinary procedures and action against you at work
23
1,930
1,996
629-24
Disciplinary hearings
629
Disciplinary procedures and action against you at work
24
1,997
2,018
629-25
Your employer should not take any disciplinary action before meeting with you first and discussing the problem.
629
Disciplinary procedures and action against you at work
25
2,019
2,130
629-26
This disciplinary meeting (normally called a ‘hearing’) should be at a reasonable time and place.
629
Disciplinary procedures and action against you at work
26
2,131
2,228
629-27
At the hearing your employer should:
629
Disciplinary procedures and action against you at work
27
2,229
2,265
629-28
explain the complaint against you
629
Disciplinary procedures and action against you at work
28
2,266
2,299
629-29
go through the evidence
629
Disciplinary procedures and action against you at work
29
2,300
2,323
629-30
give you a chance to tell your side of the story
629
Disciplinary procedures and action against you at work
30
2,324
2,372
629-31
If you raise a significant new fact or issue at the hearing your employer might stop it and look into the issue. They should then rearrange the hearing at a later date.
629
Disciplinary procedures and action against you at work
31
2,373
2,541
629-32
Taking someone with you to a disciplinary hearing
629
Disciplinary procedures and action against you at work
32
2,542
2,591
629-33
You have the right to take someone with you to a disciplinary hearing, but you must tell your employer about this first.
629
Disciplinary procedures and action against you at work
33
2,592
2,712
629-34
Your companion can be either:
629
Disciplinary procedures and action against you at work
34
2,713
2,742
629-35
a colleague
629
Disciplinary procedures and action against you at work
35
2,743
2,754
629-36
a trade union representative
629
Disciplinary procedures and action against you at work
36
2,755
2,783
629-37
a trade union official
629
Disciplinary procedures and action against you at work
37
2,784
2,806
629-38
If a colleague cannot go with you and you’re not in the union you can ask to bring a family member or a Citizens Advice worker. However, your employer does not have to agree to this unless your employment contract says they must.
629
Disciplinary procedures and action against you at work
38
2,807
3,036
629-39
The companion can:
629
Disciplinary procedures and action against you at work
39
3,037
3,055
629-40
present and/or sum up your case and say things to support your case
629
Disciplinary procedures and action against you at work
40
3,056
3,123
629-41
speak to you during the hearing
629
Disciplinary procedures and action against you at work
41
3,124
3,155
629-42
Your companion cannot answer questions on your behalf.
629
Disciplinary procedures and action against you at work
42
3,156
3,210
629-43
Your companion cannot be disciplined for supporting you.
629
Disciplinary procedures and action against you at work
43
3,211
3,267
629-44
Disciplinary action
629
Disciplinary procedures and action against you at work
44
3,268
3,287
629-45
After the hearing your employer should write to you as soon as possible, saying what action they’re going to take, and telling you about your right to appeal.
629
Disciplinary procedures and action against you at work
45
3,288
3,446
629-46
The decision might be:
629
Disciplinary procedures and action against you at work
46
3,447
3,469
629-47
no action
629
Disciplinary procedures and action against you at work
47
3,470
3,479
629-48
written warning
629
Disciplinary procedures and action against you at work
48
3,480
3,495
629-49
final warning
629
Disciplinary procedures and action against you at work
49
3,496
3,509
629-50
demotion
629
Disciplinary procedures and action against you at work
50
3,510
3,518
629-51
dismissal
629
Disciplinary procedures and action against you at work
51
3,519
3,528
629-52
It might also be anything else that could resolve the problem, for example an agreement to mediate with a co-worker you’ve had personal problems with.
629
Disciplinary procedures and action against you at work
52
3,529
3,679
629-53
Disciplinary appeals
629
Disciplinary procedures and action against you at work
53
3,680
3,700
629-54
If you think disciplinary action taken against you is unfair you can appeal.
629
Disciplinary procedures and action against you at work
54
3,701
3,777
629-55
Write to your employer saying you’re appealing and why.
629
Disciplinary procedures and action against you at work
55
3,778
3,833
629-56
Appeal hearings
629
Disciplinary procedures and action against you at work
56
3,834
3,849
629-57
You should be offered another meeting to discuss your appeal. This appeal hearing should be held as soon as possible.
629
Disciplinary procedures and action against you at work
57
3,850
3,967
629-58
If possible it should be dealt with by someone who has not already been involved with your disciplinary action.
629
Disciplinary procedures and action against you at work
58
3,968
4,079
629-59
An appeal hearing will be similar to your original disciplinary meeting and you’ll have the right to bring a companion.
629
Disciplinary procedures and action against you at work
59
4,080
4,199
629-60
Final decision
629
Disciplinary procedures and action against you at work
60
4,200
4,214
629-61
After the appeal meeting your employer should write to you with their final decision.
629
Disciplinary procedures and action against you at work
61
4,215
4,300
629-62
Suspension from work
629
Disciplinary procedures and action against you at work
62
4,301
4,321
629-63
When a disciplinary issue is being looked into you might be suspended from work. This does not happen very often. If it does it should normally be with pay and you should be told why you’re being suspended.
629
Disciplinary procedures and action against you at work
63
4,322
4,528
629-64
Employment contracts
629
Disciplinary procedures and action against you at work
64
4,529
4,549
629-65
You can be suspended without pay if your employment contract says your employer can do this, but they must be acting reasonably.
629
Disciplinary procedures and action against you at work
65
4,550
4,678
629-66
If your employment contract does not say your employer can do this, your employer may still be able to suspend you, but with pay. To show that it’s not a punishment the suspension will normally be on full pay.
629
Disciplinary procedures and action against you at work
66
4,679
4,888
629-67
Employment rights when suspended
629
Disciplinary procedures and action against you at work
67
4,889
4,921
629-68
You keep your employment rights while suspended. If you do not get the right pay you may be able to make a claim to an employment tribunal for ‘unlawful deduction from wages’.
629
Disciplinary procedures and action against you at work
68
4,922
5,097
629-69
Talking to other employees, customers and/or suppliers
629
Disciplinary procedures and action against you at work
69
5,098
5,152
629-70
If you’re suspended, you might be told not to talk to other employees, customers and/or suppliers. If this means you cannot defend yourself properly at a disciplinary hearing, you could make an appeal.
629
Disciplinary procedures and action against you at work
70
5,153
5,354
629-71
But if you’ve been asked not to talk and you do, your employer might decide to take further disciplinary action against you.
629
Disciplinary procedures and action against you at work
71
5,355
5,479
629-72
Help and advice with disciplinary issues
629
Disciplinary procedures and action against you at work
72
5,480
5,520
629-73
There are several organisations that could give you advice about disciplinary issues.
629
Disciplinary procedures and action against you at work
73
5,521
5,606
629-74
Acas
629
Disciplinary procedures and action against you at work
74
5,607
5,611
629-75
Acas (the Advisory, Conciliation and Arbitration Service) offers free, confidential and impartial advice about all employment rights issues.
629
Disciplinary procedures and action against you at work
75
5,612
5,752
629-76
Citizens Advice
629
Disciplinary procedures and action against you at work
76
5,753
5,768
629-77
Your local Citizens Advice can also give free and impartial advice.
629
Disciplinary procedures and action against you at work
77
5,769
5,836
629-78
Trade unions
629
Disciplinary procedures and action against you at work
78
5,837
5,849
629-79
If you’re a member of a trade union you can get help and advice from them.
629
Disciplinary procedures and action against you at work
79
5,850
5,924
629-80
Equality Advisory Support Service
629
Disciplinary procedures and action against you at work
80
5,925
5,958
629-81
Contact the Equality Advisory Support Service for advice about discrimination, equality and human rights.
629
Disciplinary procedures and action against you at work
81
5,959
6,064
629-82
You can also find more information on the Equality Advisory Support Service website.
629
Disciplinary procedures and action against you at work
82
6,065
6,149
630-0
Overview
630
Dismissal: your rights
0
0
8