Disciplining a staff is not pleasant for employees and many employees are unaware of how uncomfortable this can be for employers too.
Senior managers, line managers and owner-managers understand that getting the disciplinary process wrong could lead to a claim of unfair dismissal and may be costly for the business.
In addition to this, there might be a concern about how this will affect your relationship with the employee if you have to keep working together and even worse if you have developed a friendship. That being said, it may be necessary to take action to protect other staff members, improve work productivity or protect the busines brand.
In this blog we bust some disciplinary myths.
Myth 1
The Verbal warning.
Buster 1
We always say that a verbal warning is not worth the paper it is written on. You can still have a first warning which has low consequences but in order for it to be valid you still have to follow the process set out in the acas code.
Myth 2
If you start an investigation it must develop into disciplinary.
Buster 2
The whole point of an investigation is to decide whether there is a need for further action. Sometimes the outcome of an investigation meeting will be that the matter is closed.
Myth 3
One person can be the chair of an investigation and disciplinary meeting.
Buster 3
Employers should always do their best to make sure that investigations, disciplinary and appeal meetings are done by separate people.
Myth 4
A suspension is a neutral act.
Buster 4
Oh, this is a tricky one, suspension with pay is not a sanction but it is not a neutral act either. It can cause other staff and clients to believe that the person suspended has done something wrong. Suspension should be used if other people or the business is at risk but it is not an action for every situation.
Myth 5
It is harder to dismiss someone if they have passed their probationary period.
Buster 5
All staff have limited rights if they have less than 2 years of employment. As long as the dismissal is not due to things such as: discrimination, Tupe, whistleblowing, or asserting a statutory right it is difficult for an employee to bring a claim against of unfair dismissal against the employer if they have less than 2 years service.
Now that we have covered some common myths here are 5 tips for managers.
- Record the meeting or at the very least take good notes. Recording a meeting is the best way of ensuring that there is an accurate record of what was said and the context it was said in. Always let staff know that they are being recorded.
- Be clear about who owns the copyright. One way of getting staff to agree to a recording of a meeting is to offer to share the recording with them. In these circumstances, it is a good idea to also get them to agree that the copyright belongs to the business. This will ensure the recording doesn’t end up in social media or in the wrong hands.
- Listen. This may sound like basics but it is very important. Some managers get carried away with presenting allegations that they forget to listen to the employee. The employee might have a perfectly good explanation or they may dig a deeper hole.
- Take time. There is no requirement to give an outcome during a meeting and often it’s best if you take some time to digest what has been said. Take a couple of days to think about your decision.
- Ask for advice. If you are not sure about something do some research or ask for advice.
Orchard Employment Law are available for advice and support with Employment Law.
We can give you ad hoc advice, ongoing support, management training or chair disciplinary meetings for you.
For more information contact us at www.orchardemploymentlaw.co.uk