How to Handle Disciplinary Issues?
Employees who violate the company’s code of conduct must have clear rules about what disciplinary actions will be taken. There should be clear rules on what disciplinary action will be taken against employees who violate the company’s code of conduct. A verbal warning, a written warning, suspension without pay, or termination are all examples of these types of warnings. As well as defining how actions are to be carried out and who is responsible for each step, the company should also have a defined process.
An employee may be dismissed if they are not capable of performing the work or if they commit misconduct. A disciplinary procedure involving stages of warnings is generally followed, but instant dismissal can be justified if the employee has engaged in gross misconduct (e.g. serious theft), which should be defined in the company’s disciplinary procedure or employee manual.
When an employee has had at least one year of service, he or she can assert unfair dismissal if the employer cannot prove that one of these reasons applied if the dismissal was unreasonable under the circumstances, if there has been a constructive dismissal, or if there have been breaches of a customary or agreed upon redundancy procedure that cannot be justified.
Whether or not an employer acted reasonably at the time of dismissal will still be determined by the employment tribunal. This is even if the employer could prove that there was reasonable cause for dismissal. Based on the principles of natural justice, the following are the principles of defining ‘reasonable’ behavior: The employee should know what the complaint is about.
It is imperative to give the employee the opportunity to explain. Except in particularly gross cases of incapacity or misconduct, employees should be given the opportunity to improve. There should be a warning that if certain improvements are not made, the employee will be dismissed. Sufficient evidence should be provided by the employer before dismissing the employee.
Any mitigating circumstances should be considered by the employer. Dismissal should be the penalty for the offense or misbehavior, rather than some lesser punishment. It is possible that your organization has a disciplinary procedure that is statutory. In order to implement that procedure, you must understand what it is and what your role is. In the event that disciplinary action is needed, whether or not there is a formal procedure, please follow these steps when scheduling and conducting the disciplinary interview:
1. Make sure all the facts are known in advance, including the statements of people who are involved.
2. The employee should be invited in writing, explaining the reason for the meeting and that they are entitled to have a representative at the meeting on their behalf.
3. A reasonable notice period should be provided to the employee (ideally two days).
4. Make a plan for how the meeting will be conducted.
5. Arrange for another member of management to attend the meeting with you so they can take notes (which can be useful if an appeal is made) and provide general support.
6. Introduce the evidence and the complaint to the employee before starting the interview.
7. Make sure the employee has ample time to respond and state their case.
8. To relieve any pressure taking place in the meeting, take a break as needed to consider the points raised.
9. Take appropriate action, if necessary. Disciplinary actions should first be taken through a recorded written warning, then a second warning, then a final warning, and finally, if all earlier stages have been exhausted, dismissal if necessary.
10. Ensure that the decision is delivered in writing, with an explanation of what led to it. The employer may be forced to terminate the employee if all stages of the disciplinary process have been completed and a dismissal is warranted for gross misconduct, or if the employee has failed to perform their duties within the disciplinary process.
When you do this, you should have someone from HR or a colleague with you. The meeting should be held when it is quiet in the office, ideally on a Friday. Keep it formal and organized. Prepare your words in advance, describing your reasoning and ensuring that your facts, dates, and figures are correct; be polite but firm – read your prepared remarks and make it clear that you don’t want any discussion.
Also, ensure that the employee’s desk is cleared, that confidential materials are not taken, and that the employee is not allowed to use their computer. It might be useful to have someone on call in case of difficulty, but some companies use security guards as escorts, but this is too heavy-handed.
