Disciplinary Procedures

Name: Lavelle Partners
Address: Odeon House, 7 Eyre Square, Galway, Galway, H91 PX9K, IE
Telephone: +353 91 335 576
Price range: €

While employers would prefer not to have to refer to their disciplinary procedures’ manual, it is often inevitable for many small medium and enterprise scale businesses or organisations.

Whether the individual is not performing to the standard required or their conduct has given rise for concern, disciplinary procedures, if drafted and carried out effectively can, in many cases, resolve matters amicably and permanently.

Our Disciplinary Procedures Expertise

We have been assisting businesses across Ireland for over 35 years in relation to their Employment and human resources legal requirements.

We have handled many cases of disciplinary matters ranging in complexity, and where required, involve dismissal.

In many situations, an informal mediation approach has proven highly effective, minimising the cost, time associated and avoiding the need to involve the Workplace Relations Commission ("WRC") or the Courts.

The Code of Practice on Grievance and Disciplinary Procedures (the "Code") was published by the Workplace Relations Commission in 2020 (as necessitated by the Industrial Relations Act 1990) and defines best practice for the handling of grievance and disciplinary proceedings by employers.

The Code is designed to ensure that any disciplinary procedures are fair, rational and that the basis for any disciplinary proceedings are made clear to the employee concerned, as well as any possible sanctions and internal appeal procedure.

The process specifically encourages a number of stages for handling disciplinary procedures, commencing with the involvement of the immediate line manager, but then progressing to increasing levels of seniority thereafter. This process should be incorporated into any disciplinary procedure document, and contained in a company employee handbook made available to all employees.

The Code states that disciplinary action may include:

An oral warning
A written warning
A final written warning
Suspension without pay
Transfer to another task, or section of the enterprise
Demotion
Some other appropriate disciplinary action short of dismissal
Dismissal

Also incumbent within the Code is for employers to provide a genuine opportunity to allow employees explain their actions and seek to resolve the matter amicably, and they must be afforded a ‘fair and impartial hearing of the issues concerned’.

The Code of Practice on Grievance and Disciplinary Procedures (the "Code") states that disciplinary action may include:

An oral warning
A written warning
A final written warning
Suspension without pay
Transfer to another task, or section of the enterprise
Demotion
Some other appropriate disciplinary action short of dismissal
Dismissal

Also incumbent within the Code is for you to provide genuine opportunities to allow your employee to explain their actions and seek to resolve the matter amicably, and they must be afforded a ‘fair and impartial determination of the issues concerned’.

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Key Contacts

Marc Fitzgibbon

Partner

Nikita Kelly

Solicitor

Ernesta Staponkute

Solicitor

Why Choose Lavelle Partners for Disciplinary Procedures?

Our Employment Team, headed up by Partner Marc Fitzgibbon, has been assisting employers for over 35 years in relation to dismissal and disciplinary procedures and have developed a strong reputation for achieving excellence in this area of law.
Marc is ranked in Band 2 in the latest Chambers and Partners Europe 2024 Guide for Employment: Mainly Plaintiff.
We understand the need to ensure that any disciplinary procedure or dismissal is carried out in full accordance with employment legislation and best practice, thereby protecting you or your business from the threat of a claim or reputational damage.
Our solicitors will work alongside your in-house or external HR team, ensuring that the disciplinary process is handled efficiently, with the utmost of professionalism and confidentiality and with the minimum of demands on your resources.
As a full-service law firm, client's benefit from our multi-disciplinary offering and our specialist legal expertise across a number of related practice areas including Banking & Finance, Corporate & Commercial and Property.

Need Help? Just Ask.

For expert legal advice on Disciplinary Procedures or any Employment matter, call us on +353 1 644 5800 or email law@lavellepartners.ie

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What Our Clients Say

"Ernesta and the Lavelle Partners LLP team recently helped me with a labour legal matter, and I was extremely impressed with the level of service, support and attention to detail. Ernesta answered all my questions clearly, with transparency, context and a structured approach that made the process much easier to navigate. I would highly recommend Ernesta and the team to anyone looking for legal support, especially in employment or labour matters."

Rob W, Employment Client, 2026

"We chose Lavelle Partners based on the excellent reputation of Marc Fitzgibbon, and we could not be happier with that decision. Marc is highly experienced and exceptionally capable. He is also a grounded, likeable and approachable person who genuinely cares, and he places tremendous importance on always acting towards his clients best interests. Marc's advice and support was absolutely invaluable and I don't feel that there is anything further that Lavelle could possibly have done better to support me."

Michael King, Employment Client, 2026

"Marc Fitzgibbon, more than 40 years of experience advising in employment law matters, strategic advice, accessible, calm and measured."

Legal 500, 2026

"Specialist employment law advice, particularly good for senior executive employees as well as SMEs".

Legal 500, 2026

"Marc Fitzgibbon. Highly expert in employment law, with a pragmatic approach, understanding the business perspective and solutions-focused."

Legal 500, 2026

"There is almost no kind of Employment law issue that Marc Fitzgibbon has not encountered over the course of a vastly experienced career. He is tactically astute and is highly respected by his colleagues. When I am asked to provide a recommendation for an Employment law solicitor Marc is always at the top of my list."

Legal 500, 2025

"The Employment team in Lavelle are highly practical and flexible in dealing with legal issues. The team have deep experience and always place the client first in their considerations. They do precisely what is required and carefully resist the temptation to turn small issues into big issues."

Legal 500, 2025

"Marc Fitzgibbon is approachable and pragmatic in all his dealings, as well as being highly knowledgeable in the area of Employment law. His advice is constructive and practical, ensuring that the client is protected and has the best representation."