No one wants to think about disciplinary matters but you need to be fully aware of rules and the law. This guide talks you through step-by-step how to handle the disciplinary procedure.
Employment law is strict and you must adhere to it. Long gone are the days when you could handle disciplinary matters on your own. Ignore the law and you could find yourself a tribunal being sued for unfair dismissal and dishing out a lot of cash in compensation. Familiarising yourself with the law and disciplinary procedure will make it easier to follow should you need to.
Setting out your disciplinary rules is just as important as following the legal procedure. You need to make sure that employees are aware of your specific rules as they may differ from previous employers they've worked for. It covers both you and the employee as it means you both know exactly what is expected of them and why they would face disciplinary action should they break one of these rules. You should set these out in your employer/employee contract.
It's essential you follow a formal three step process when starting disciplinary action. If you miss one or fail to comply with them all fully, an employee, whatever they have done wrong, stand a good chance of winning at a tribunal.
It's more than likely you'll come into contact with unions and other employee representatives when handling a disciplinary case. You must allow your employees to join a union and it's in your best interest that you keep up to speed with what they do and how they do it. Employee representatives are colleagues, usually who have been nominated by their peers to represent the workforce. In the absence of union representation, it is an employee representative that will be present at any disciplinary meeting. Make sure you employee representatives up to speed with any changes to your disciplinary rules.
Unless there is a very good reason, no one really wants to go through the dismissal process. However, if you need to it's essential you follow procedure to the letter to avoid any repercussions. You will need to make sure you are fully aware of how you pay notice period, when you can tell the employee to leave and how to get company property back from them.
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