Serving over 2 Million visitors each year

Search
Comprehensive Online Business Insurance
Tailored PI, Office, Public & Employers' Liability Insurance
Are you covered? Read our Essential PI Guide
Get a Quote and buy online in minutes

How to handle disciplinary issues in the workplace

print  e-mail 

David Aldridge, Adviser, Business Link Berkshire looks at how to handle disciplinary issues in the workplace.

Despite every effort, even the best-run business may encounter disciplinary problems with employees from time to time. Although it is always best to focus on effective management practice and preventative measures, having clear and fair disciplinary procedures is both a legal requirement and the first step to avoiding difficult claims tribunals.

Setting the rules

It is important to let your employees know what the rules and expectations are that could lead to disciplinary action being taken against them. Issues such as personal presentation, work absence, and timekeeping are just a few things which you may want to include.

The list itself need not be exhaustive but do make it clear to your employees a general level of appropriate behaviour is required.

Equally it is important to clarify what constitutes gross misconduct like drugs and alcohol abuse on site, and misuse or wilful damage to property. It is this sort of activity that may lead to dismissal without notice. Detailing these rules will help your employees fully understand the consequences of their behaviour in your office and help prevent future problems.

Spreading the word

You are required to let your employees know about the procedures, so businesses should consider developing a separate document on the subject, or even include it as part of the staff handbook. How you let your employees know about your disciplinary procedures is up to you but they must given the information as soon as they join the business.

You may chose to include the procedures in employee contracts, but just remember, if you do this, any deviation from the procedure would leave you in breach of contract. In both cases, you must clearly state the contact name for the person who deals with disciplinary issues.

Resolving the problem

Disciplinary issues can be very sensitive and should always be handled carefully. The associated procedures should ensure that individuals are made fully aware of their offence through a series of warnings, provide for a full investigation and recognise the employees right to state their case and be accompanied by a trade union representative or colleague to the tribunal meeting.

There are three steps that will help you deal with your disciplinary procedures effectively and in accordance with statutory requirements;

  • The business must detail and send the reasons for the disciplinary action or dismissal to the employee, in writing and invite them to a meeting to discuss the matter.
  • Unless the employee is being suspended, this meeting must take place before action is taken. The employee must be given time to develop a response before going into the meeting and take all reasonable steps necessary to be in attendance. Following the meeting, you should let the employee know the decision and notify them of their right to appeal.
  • If an appeal is requested, the employee must inform the business, and the employer should invite the employee to another meeting. This meeting can take place after the initial action has been taken. Having reached a decision, you should inform the employee.
Advise your staff that all written warnings will be recorded and reviewed, although with good behaviour, they can wipe the slate clean.

With this kind of procedure in place you should feel confident that if issues arise, your business is equipped to deal with them. If you feel unsure about any part of the process or requirement, seek advice from ACAS, or an HR adviser.

Remember, businesses should make every effort not to allow problems to get to this stage by developing employment policies which encourage work-life balance and good staff morale.

Further Reading
For more information on handling disciplinary issues, visit the ‘Employing people’ section of the Business Link website

Posted June 8, 2009
Latest articles in Staff Guides
 
Bullying in the workplace - advice for employees
Reports of workplace bullying have doubled in the last ten years and the recession has put extra pressure on managers and bosses to get results meaning they may act in a way that is out of character. Some expert legal advice to employees who are being bullied in the workplace. [March 2, 2010]
 
Employers' guide to managing sick leave
As a small business owner, it is likely that you will have had at least a couple of employees call in sick this winter and with the cold weather expected to last a while longer, sick leave may become a HR issue that you deal with well into Spring. [February 3, 2010]
 
Employers and festive staff holidays - the basics
Businesses could be heading for trouble over the festive season if they haven’t organised employees’ holiday entitlement correctly. Here are the answers to the most frequently asked festive holiday queries. [December 22, 2009]
 
Top tips for managing staff holidays
As a small business owner, you should think about the ways in which you handle staff holiday. Outlined in this article are four top tips to help you manage this process yourself and save money. [December 1, 2009]
 
The new Equality Bill and what businesses should be aware of
The Equality Bill 2008-2009 is an attempt to consolidate the nation’s discrimination legislation into one enactment and in doing so simplify the law as it currently stands. [August 6, 2009]
 
Holiday planning tips for small business owners
As the peak holiday season arrives, small businesses need to prepare themselves to deal with the absence of key staff. Here is a checklist to help business owners prepare in advance for the summer break. [July 16, 2009]
 
How to manage flexible working - top tips
Flexible working has come into its own in the recession, with poll after poll suggesting that most companies have considered it as a way of reducing costs and saving jobs. But what happens after the recession? Includes some essential flexible working tips. [July 14, 2009]
 
Employee sickness absence - a complete guide for employers - Part 1
A comprehensive employers' guide to dealing with employee sickness absence. In this introductory piece, we look at sickness absence policies, and the most common situations that employers are faced with. [July 7, 2009]
 
Employee sickness absence - a complete guide for employers - Part 2
In the second part of our series on dealing with employee sickness absence, we look at Sick pay, Statutory sick pay (SSP), notification of absence, evidence of incapacity, contractual sick pay, discretionary sick pay, and holiday during sickness absence. [July 7, 2009]
 
Employee sickness absence - a complete guide for employers - Part 3
In this final part of our series on dealing with sickness absence, we look at how to handle an employee returning to work following sickness, disagreements, dismissal, and an important mention of the disability discrimination rules [July 7, 2009]
 
How to handle disciplinary issues in the workplace
Despite every effort, even the best-run business may encounter disciplinary problems with employees from time to time. Having clear and fair disciplinary procedures is both a legal requirement and the first step to avoiding difficult claims tribunals. [June 8, 2009]
 
Employers' guide to employee holiday and leave entitlement
Small business employers are urged to understand their their rights when it comes to employee leave entitlement. How to deal with requests for annual leave from employees. [June 2, 2009]
 
The redundancy process – how to manage your obligations as an employer
If you are forced to reduce the size of your workforce, there are a number of measures that you need to apply to ensure that you follow the fair dismissals procedure and also keep the affected employees informed. [April 29, 2009]
 
How to deal with mental health issues in the workplace
Most employers shy away from the subject of mental illness in the workplace. Given that 1 in 6 of the workforce is affected by some kind of mental health condition - more so in certain professions, we look at how business owners can properly approach the subject. [January 29, 2009]
 
Guide to Redundancy for small companies
A legal guide to ensure employers follow the correct redundancy procedures before dismissing an employee. [November 26, 2008]
 




Click Here
Our Partners
Key Services
Key Services
Legal Guides
Click Here

© Bytestart Limited 2005-2010 - All Rights Reserved | Terms of Use | Site List | Website Feeds | Rss Feed RSS Feed

Business Insurance, Business Bank Accounts, Public Liability Insurance, Professional Indemnity, Startups, Limited Company, Sole Trader