By Eve Clennell

It is best practice for you to tackle conduct and capability as early as possible. It is important that your Company has Disciplinary Policy as this is not only a legal requirement but also sets standards of behaviour that your Company expects prior to the ‘offence’ taking place. A procedure also gives the ‘wrongdoer’ an opportunity to improve in minor infringements.

 

Inadequate or non existent disciplinary procedures means issues may be ignored or dealt with far too late. This often leads to low productivity, demotivated employees and an increased risk of a tribunal claim.

The process that must be followed is as follows:

• The employee charged with misconduct/capability issues should be informed, in advance, that a disciplinary hearing is taking place.

   
• There should be a full investigation by an unbiased individual to establish the facts of the case. These are then presented to the person hearing the disciplinary.

   
• At the hearing the employee may be represented by a colleague or trade union representative.

   
• At the hearing, the employee should be informed of the allegations and given opportunity to answer.

   
• It is best practice to have a note taker at the hearing, who also acts as a witness.

   
• Those conducting the disciplinary should not prejudge the case.

   
• The employee is entitled to appeal against a disciplinary action to a third party who has not previously been involved in the case.

   
• The employee should be allowed to challenge any evidence that will be relied upon in reaching a disciplinary decision

If these policies are not followed then any dismissal may be considered automatically unfair. Should the employee win at tribunal, failure to follow statutory minimum disciplinary procedures could mean that compensation awarded may be increased by 10-50%, up to a maximum of £69,900.

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