Category Archives: Disciplinary

Conducting a Disciplinary

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If you have a problem with an employee, you may wish to consider disciplinary action.

The information on this page is intended as a general guidance for UK employers, and may not be appropriate for all situations. You should always consider seeking professional advice before acting.

Read more here:

http://www.hrfundamentals.co.uk/employment-advice/conducting-a-disciplinary.php

Disciplining an employee

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This guide is based on UK law. It was last updated in June 2011. All employers need to know how to discipline their employees fairly.

Mishandling disciplinary issues gives rise to a huge number of . . .

Read more here:

http://www.out-law.com/page-5801

General questioning and discussion

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Use this stage to establish all the facts

  • Ask the employee if they have any explanation for the alleged misconduct or unsatisfactory performance, or if there are any special circumstances to be taken into account
  • If it becomes clear during this stage that the employee has provided an adequate explanation or there is no real evidence to support the allegation, bring the proceedings to a close
  • Keep the approach formal and polite and encourage the employee to speak freely with a view to establishing the facts. A properly conducted disciplinary meeting should be a two-way process. Use questions to clarify the issues and to check that what has been said is understood. Ask open-ended questions, for example, ‘what happened then?’ to get the broad picture. Ask precise, closed questions requiring a yes/no answer only when specific information is needed
  • Do not get involved in arguments and do not make personal or humiliating remarks. Avoid physical contact or gestures which could be misinterpreted or misconstrued as judgmental.

If new facts emerge it may be necessary to adjourn the meeting to investigate them and reconvene the meeting when this has been done.

Read more here:

http://www.mylawyer.co.uk/ml/index.cfm?event=base:article&node=A76018BD76755

Raising a grievance

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Where a grievance is serious or an employee has attempted to raise a problem informally without success, the employee should raise it formally with management in writing.

Where employees have difficulty expressing themselves because of language or other difficulties they may like to seek help from trade union or other employee representatives or from colleagues.

When stating their grievance, employees should stick to the facts and avoid language that may be considered insulting or abusive.

Where the grievance is against the line manager the employee may approach another manager or raise the issue with their HR department if there is one. It is helpful if the grievance procedure sets out who the individual should approach in these circumstances.

In small firms run by an owner/manager there will be no alternative manager to raise a grievance with. It is in the interests of such employers to make it clear that they will treat all grievances fairly and objectively even if the grievance is about something they have said or done.

Read more here:

http://www.mylawyer.co.uk/ml/index.cfm?event=base:article&node=A76018BD76778

What if an employee repeatedly fails to attend a meeting?

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There may be occasions when an employee is repeatedly unable or unwilling to attend a meeting. This may be for various reasons, including genuine illness or a refusal to face up to the issue. Employers will need to consider all the facts and come to a reasonable decision on how to proceed. Considerations may include:

  1. Any rules your business has for dealing with failure to attend disciplinary meetings
  2. The seriousness of the disciplinary issue under consideration
  3. The employee’s disciplinary record (including current warnings), general work record, work experience, position and length of service
  4. Medical opinion on whether the employee is fit to attend the meeting
  5. How similar cases in the past have been dealt with

Where an employee continues to be unavailable to attend a meeting, the employer may conclude that a decision will be made on the evidence available. The employee should be informed where this is to be the case.

Read more here:

http://www.mylawyer.co.uk/ml/index.cfm?event=base:article&node=A76018BD76755

This view, from New Zealand, has been written to assist employers to conduct formal disciplinary meetings

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It is necessary to follow a format during the meetings that follow misconduct or poor performance from an employee. The purpose of the meetings is to determine exactly what has happened, how it happened, when it happened and why it happened. It is not to issue warnings or to take disciplinary actions.

Read more here:

http://bit.ly/oUC9hh