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1. Introduction

A public employee, whether in the UK or Kuwait, who violated his/her professional duties will be disciplined. When there is a default in the performance of his/her work, he/she is subjected to administrative disciplinary procedures. The stages of discipline and the subsequent procedures are crucial, as the investigation of the offending employee has serious consequences and will affect the productivity of the work. For example, administrative investigation procedures may require that the public employees be suspended from employment or have their employment terminated, either in agreement with the Law of Employment Rights of 1996 or Kuwait Civil Service Law No. 15 of 1979. It is, therefore, imperative for the administration to brief the public employee about all disciplinary actions that may be taken against him or her. As a consequence, the employee referred for an administrative investigation would be able to exercise his/her right to a fair trial and defend himself/herself.

This research paper will examine the disciplinary procedures in Kuwait and the UK as follows: first, disciplinary procedures in Kuwait; and second, disciplinary procedures in the UK, which consists of:

  • disciplinary procedures in the UK;

  • disciplinary penalties in the UK;

  • Grievance procedures in the UK;

  • failure to follow the disciplinary procedures in the UK; and

  • standard procedure of discipline in the UK.

1.1 First: disciplinary procedures in Kuwait

The Kuwait Civil Service law indicates that administrative violations committed by employees occupying technical or assistant posts are under the responsibility of the Undersecretary[1][2], and therefore, the penalties that may be imposed upon the employee are to be decided by the Undersecretary[3]. However, the Minister may amend this by increasing, reducing or cancelling a penalty or leaving a case on file. In the case of administrative violations committed by high-ranking officials, these are under the responsibility of the Civil Service Council. The Civil Service Council comprises independent members and there are no judges on the council[4].

According to Article 28 of the Civil Service Law No. 15 of 1979, the disciplinary penalties that may be imposed on an employee are as follows:

  • Warning: This sanction, also known as rebuke, reproof or admonition, is the lightest and the first-degree sanction (Al-Mokateh and Al-Faresi, 2009). The applicability of this penalty depends on the grade level...

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