Your disciplinary policy details how your business deals with employee disciplinary issues. It should ensure all employees are treated fairly, and standardise how to deal with disciplinary issues within your organisation. In turn, these factors can reassure your workforce and avoid you facing legal action for bullying and unfair dismissal.
Call us now on 01491 598 600 or email us on cw@gaphr.co.uk and we will be delighted to help you.
What Is A Disciplinary Policy?
Your disciplinary policy details the process you will follow in the event of a disciplinary issue. When preparing your disciplinary policy, you should refer to the Advisory, Conciliation, and Arbitration Service (ACAS) Code of Practice on Disciplinary and Grievance Procedures, which seeks to set out basic principles of fairness.
The ACAS Code of Practice relates to disciplinary procedures for misconduct or poor performance.
What Should A Disciplinary Policy Include?
You should use the ACAS Code of Practice as a guide when devising your disciplinary policy. However, it’s important to note that the provisions of the Code are not a one size fits all.
The principles of fairness apply to all organisations, but ACAS explicitly recognises that what might be reasonable for one employer, might not be for another, and that it might be impractical for some businesses to follow all the steps detailed in the Code.
Our HR specialists can assist you in deciding which of the Code’s provisions are reasonable in the context of your business, and will help you develop a disciplinary policy that is legally compliant and reflects your commercial reality.
The steps the Code recommends businesses take are as follows:
1. Determine The Facts Of The Case.
You should investigate the matter that has been brought to your attention as soon as you can to establish the facts. You should hold an investigatory meeting with the employee in question. This meeting is not a disciplinary hearing and should not be conducted as such. The employee is not legally entitled to be accompanied at the investigatory meeting. After the investigation meeting you should gather all relevant evidence and documentation to use at the disciplinary hearing.
The people who carry out the investigation should be different from those who conduct the disciplinary meeting.
2. Let The Employee Know There’s A Problem.
If the evidence indicates there is a disciplinary issue involving the employee, you should notify them in writing. They need to have 3 working days’ notice of the meeting. Your notification should include details of the conduct under investigation, the possible outcomes of the disciplinary process, and the evidence you intend to refer to. The employee should also be informed of the time, date, and venue of the disciplinary hearing, and their statutory entitlement to be accompanied at the meeting (by a colleague or a TU rep).
3. Hold The Disciplinary Meeting.
At the disciplinary meeting, you should talk through the issue with the employee and explain the evidence you have collated in relation to it. You must allow the employee a chance to ask questions about the information you present, respond to the allegations, and present their own evidence.
4. Make A Decision.
Following the meeting, you must come to a decision about whether formal disciplinary action is justified. You should inform your employee of your decision as soon as possible in writing, certainly within 5 working days of the meeting.
If the issue is the first disciplinary problem involving a particular employee, the usual course of action is for the employer to give them a written warning. If the employee fails to improve or is guilty of further misconduct within a specified period of time, the employer will usually issue a final written warning.
Sometimes, an employee’s misconduct may be so severe that an employer has no choice but to proceed to dismissal, without first issuing an initial or final written warning. This type of misconduct is known as ‘gross misconduct’. However, it’s vital to follow the ACAS code and your organisation’s disciplinary process and ensure your actions are fair and lawful.
5. Offer A Right Of Appeal.
You must allow an employee to appeal against your decision. Any appeal hearing should be organised as soon as possible, and be run by a senior manager not previously involved in the matter. Employees have a statutory right to be accompanied at an appeal meeting (colleague or TU rep). You must inform them of the outcome of their appeal without delay (within 5 working days).
Why Is It Important To Follow The ACAS Code In Your Disciplinary Policy?
Failing to follow the ACAS Code in your disciplinary policy does not, in itself, render you liable for unfair dismissal. However, an employment tribunal may increase the compensation awarded to an employee whose employer did not adhere to the Code by up to 25%.
Call us now on 01491 598 600 or email us on cw@gaphr.co.uk and we will be delighted to help you.
