What is Disciplinary procedure?
A disciplinary procedure is a method used by employers to address conduct by an employee. When employers adopt procedures, they must follow steps before terminating an employee to meet certain requirements or those outlined by the government. This helps employers avoid penalties if they were to face action for wrongful dismissal.
Here, we will discover:
What is the Purpose of a Disciplinary Procedure?
Regardless of the size of your company, there may come to a point where you need to dismiss an employee due to their behavior, also known as misconduct.
The purpose of implementing a procedure is to determine whether an employee should be excused and help you accomplish the following:
- Inform employees that their behavior is not acceptable.
- Find ways to address the issue productively, encouraging them to change their approach.
- Establish consequences based on the severity of their behavior.
- Protect your company in case they attempt to sue you for dismissal.
A disciplinary procedure assists you in guiding everyone involved through a process. This process is designed to:
- Help employers gather evidence regarding the behavior in question.
- Provide employees with an opportunity to present their side of the story.
- Minimize bias much as possible during the process.
- Demonstrate that due diligence has been carried out.
- Assist organizations in treating their staff consistently.
However, it’s important to note that formal disciplinary procedures do not always have to be approached with a mindset.
The Disciplinary Procedure: Step by Step Process
Not all complaints warrant a disciplinary procedure. That’s why the first step in handling matters is to determine whether it’s necessary to proceed with a fledged disciplinary hearing or consider forgiving an employee.
Keep reading to learn about the steps involved.
1. Identify the Problem
Before embarking on a procedure verify if it’s truly required.
Sometimes it can be helpful to have a confidential conversation with a representative to help them understand the situation and give them an opportunity to make things right.
Often a private matter can arise from a misunderstanding. Of course, going through a disciplinary process, which may not be necessary, HR can assist managers in finding compromise.
For example, when supervisors provide context, empathy and constructive feedback or other types of input they can ensure that steps are taken to resolve issues.
2. Implement Fair Procedures
If the initial conversation doesn’t resolve the problem, make sure you follow the procedures.
Ideally your staff handbook should already outline what should happen when disciplinary actions may be needed. Your handbook should include guidelines on work behavior.
It would be beneficial for it to cover topics such as safety rules, conduct, protocols, for dealing with absences and punctuality issues and how to report instances of bullying.
3. Conduct Thorough Investigation
If you determine that a formal disciplinary process is necessary, it’s time to start investigating what has been happening.
It is important to have someone, from outside preferably someone impartial, thoroughly investigate the situation.
This would involve meeting with all parties involved collecting copies of emails and either conducting a meeting with the employee or gathering evidence, for a hearing.
4. Inform the Employee about the Outcome
It is important to communicate this in writing. This letter is not a written notice yet. Its purpose is to inform your employees about the course of action you will take.
You should send it as soon as possible after the meeting.
The actions could include:
- Choosing not to take any action
- Proposing a suitable Presentation Improvement Plan
- Issuing a written warning
- Giving a warning (this is only possible if there has been misconduct)
- Downgrading an employee
- Excusing them from consequences or
- Considering mediation with a colleague.
If you decide to issue a written warning, that will be the written warning. It should be kept in your employees’ employment records. Formal written warning letters usually expire after six months.
Final Thoughts: A Verbal Warning may not always be considered Verbal Warning
One point: according to a survey, a formal verbal warning is only considered valid if you have gone through a formal disciplinary process.
No matter if a manager gets angry and says to an employee ‘That’s it! I’ve had it.
Consider this your official verbal warning!’ It isn’t enough.
If you don’t follow the procedure before issuing this kind of warning it cannot be considered an approach to a policy.
Creating a fair system can be quite challenging for everyone involved, including both the affected employees and those responsible for managing the process.
It is crucial for HR to oversee this process and provide guidance on practices for handling procedures.
Also, proper documentation is essential to ensure relevant employee-related protocols are followed accordingly.
Frequently Asked Questions
What are the four stages of the disciplinary procedure?
Answer: Typically, the steps involved in this procedure are gradual. May include warnings, written warnings, final written warnings and ultimately termination.
How does discipline procedure work within HR?
Answer: Discipline is an approach aimed at improving performance or behavior through corrective measures.
What standards govern Disciplinary actions?
Answer: Disciplinary actions depend on whether an employee’s found in violation or fully guilty of breaching any offenses listed under company policies.