Disciplinary
We know how much a burden a disciplinary or conduct issue can be due to the time it can take up, the disruption it can cause and the negative impact it can have on your organisation and your employees.
You can help avoid disciplinary issues arising by having in place clear conduct rules setting out the standards expected of employees and the consequences of unacceptable conduct in your organisation. This is often best done in a Company Handbook. Having a written and fair disciplinary procedure and ensuring statutory minimum requirements is essential for dealing effectively with any employee misconduct, while minimising the risk of successful tribunal claims. Being careful not to prejudge a situation is paramount to any investigation and showing that you have carried out a fair and reasonable process will help to reduce any successful claim.
You should follow the ACAS code of practice on disciplinary and grievances as failing to do so can increase an award at an employment tribunal by 25% where a claimant is successful.
Things to consider?
- Have you conducted a fact finding investigation?
- Have you sent correspondence to the employee setting out the reasons why disciplinary action is being considered?
- Have you undertaken a disciplinary meeting to discuss the issues?
- Have you conducted any further investigation?
- Have you informed the employee of the disciplinary penalty and right of appeal?
- Have you informed the employee that the appeal is upheld/rejected?
- Can the employees can be accompanied at their meetings and has this been offered?
- What is your plan of action is if the chosen companion is not available at the proposed time of the hearing?
- Do you have an appropriate notetaker? This can help significantly in the undertaking of the investigation.
- Have you ensured you have a full record of all hearings and held confidentially in case further issues arise in the future?
- Have you considered what evidence to share with the employee to ensure the case is treated fairly ?
- If the employee appeals, do you have an appropriate independent manager to hear the case?
If you need HR help and support then get in touch.
Free Advice
Examples of support we can provide:
- Review your current disciplinary and/or conduct policy and ensure it is legally compliant.
- Draft and implement new policies to meet the needs of your organisation.
- Directly manage or support you through all the stages involved including investigations, hearings, and appeals.
- Train and coach your managers on all aspects of dispute resolution including cases of bullying, harassment, mediation and untenable working situations.
- Draft any associated paperwork including the drafting of legal documents such as settlement agreements.
