Getting the correct disciplinary procedures in place

A business needs to have proper disciplinary processes in place to avoid tribunals over business disputes.

Disciplinary practices should always be laid out in the employee handbook so both managers and employees know the procedure.

Why disciplinary procedures are important

Despite its name, a disciplinary process is not all about reprimanding employees. It is about working with an employee to maintain high standards of conduct and competence if they are falling behind standards.

Having a proper disciplinary process ensures that all employees are held to a fair standard and ensures that nobody is singled out or discriminated against.

Following a recognised framework, like the ACAS Disciplinary and Grievance guidelines, disciplinaries can minimise the risk of costly claims such as unfair dismissal at an employment tribunal.

A carefully laid out disciplinary process can provide employees with a clear understanding of what constitutes misconduct, and then what the consequences are for falling below the required standards.

If unacceptable behaviour is happening in the workplace, disciplinary action can act as a morale boost for the rest of the team. They know that unprofessional behaviour is dealt with swiftly and professionally, fostering a more positive working environment.

A guide to disciplinary procedures

According to ACAS, the basic steps of disciplinary procedures are as follows:

Understand the options – Consider whether the case needs to be handled formally. If it is a one-off incident, an informal approach may be more appropriate. If not, and the case requires formal proceedings, then line managers must ensure fairness.
Carry out an investigation – Managers should gather as much information as possible about the misconduct from all parties involved.
The disciplinary hearing – The hearing should be held as soon as possible after the investigation. Before the hearing, employees should be given a written invitation letter setting out the allegations and possible outcomes. Employers should outline the misconduct and go through the evidence before allowing the employee to set out their case, show evidence and call relevant witnesses.
Ensure fair representation – Employees have the right to be accompanied during the hearing.
Deciding the outcome – Employers should make a decision based on their findings and what is fair and reasonable. As soon as a decision is made, employees should be made aware of the decision in writing. Consequences can go from written warnings to dismissal. However, the employee does have the right to appeal if they feel the outcome is too severe or if they believe the process was unfair.

How can we help

Getting a solicitor’s help with drafting disciplinary procedures is imperative to making sure that all investigations are fair to prevent employment tribunals.

Our talented team of solicitors here at Palmers is here to help you manage disciplinaries to keep issues in-house and out of court.

Get in touch today for expert advice on disciplinary procedures.