Top 5 tips when dealing with a disciplinary
These things are never easy,
1) Act swiftly – try to deal with problems early to avoid matters escalating. Arrange to speak to the employee in question, as soon as possible. Information should be gathered before memories start to fade, including anything the employee concerned may have to say. Detailed written statement from relevant witnesses may also prove worthwhile.
(2) Be as objective as possible, keep an open mind and do not pre-judge the situation. Enquiries and investigations should be conducted with due care and attention. Avoid acting in the heat of the moment and making rash decisions.
(3) Training – Managers involved in dealing with disciplinary matters should receive prior training and should ensure that any decision made to discipline an employee is reasonable in all the circumstances. Decision-making should not be discriminatory on the grounds of race, sex, disability, age, sexual orientation or religion or belief.
(4) Be consistent – Ensure that management applies the same rules and considerations to each case as failure to do so may create unlawful discrimination issues for the future. Any contractual or handbook procedures on disciplinary proceedings should be followed to ensure that all employees are treated uniformly. The disciplinary procedures in place should comply with the statutory minimum procedures, as set out in the Employment Act 2002 (Dispute Resolution) Regulations 2004 and Schedule 2 to the Employment Act 2002. Failure to follow a fair procedure when investigating and dealing with employees could render any dismissal automatically unfair, and gives the Employment Tribunal the discretion to increase any award of compensation by between 10 and 50 per cent.
(5) Consider each case on its merits. Whilst it is important to be consistent, it is also essential to take account of the individual circumstances and people involved. Personal information such as length of service, past disciplinary history and current warnings will be relevant considerations. Provocation or any other mitigating factors may also need to be taken into account.
If you need some help,