Dealing with a disciplinarily
Discipline can be a positive issue of motivation. To achieve this, you will need to make full use of your disciplinary procedure. Your company’s disciplinary procedure should be transparent and consistently used across all the workforce. With cases of minor misconduct or unsatisfactory performance, this is usually best dealt with informally, e.g., raising the issue with the employee that improvement of the employee’s conduct or performance is required.
Where formal action is needed, what is reasonable and justified will depend on the circumstances of the particular case. However, the procedure should say what performance and behaviour might lead to disciplinary action and what action your employer might take. It should also include the name of someone you can speak to if you don’t agree with your employer’s disciplinary decision.
In simple terms, key steps as an employer your disciplinary procedure should include are:
- Investigation undertaken
- A letter setting out the issue and copy of investigation provided to employee
- A meeting to discuss the issue
- A disciplinary decision
- A chance to appeal this decision
If you do not have a disciplinary procedure, Ansa HR can assist your company. When we develop a disciplinary procedure we ensure it is based on fairness and equality for all your employees irrespective of their status. We ensure they follow ACAS’ Code of Practice But, we strongly recommend one is put in place as soon as possible.
If an employee is dismissed without following procedure, the dismissal becomes automatically unfair, subject to eligibility of service. If a tribunal finds the dismissal unfair it can be costly to your business and increased by up to 50%.
Call us on 01270 446444 or click here for more information.