Discipline Discipline Discipline March 2010

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How to fairly discipline employees

Transcript of Discipline Discipline Discipline March 2010

  • 1. DISCIPLINE, DISCIPLINE, DISCIPLINE Angela Rhodes of Crispin Rhodes in association with Quality Personnel
  • 2. INTRODUCTIONS
    • Who are you?
    • Company
    • Role in Company
    • What do you hope to gain from this session?
  • 3. OBJECTIVES
    • To appreciate the need to set standards
    • To know when to discipline
    • To know how to proceed
    • To know what to consider
    • To appreciate the legal framework
    • To learn from stories
  • 4. WHY DISCIPLINE?
      • Rules are observed
      • Standards are maintained
      • Method of dealing with shortcomings in performance or conduct
      • Help an undisciplined or poorly performing employee to become effective
      • Potentially reduce the need for dismissals
      • ACAS Code of Practice
  • 5. DISCIPLINARY PROCEDURE
      • All employers irrespective of size
      • Contractual or Non-contractual
      • Four stages
        • Oral
        • Written warning
        • Final written warning
        • Dismissal
  • 6. WHEN TO DISCIPLINE
      • Distinguish small d and big D discipline.
      • Overturning established behaviour is often resented.
      • Always deal with potential or actual breaches of discipline on the first occasion.
      • Use the disciplinary procedure if problems persist.
  • 7. ESSENTIALS OF DISCIPLINE
    • Immediate and specific
    • Investigation
    • Hold hearing
    • Consequence
    • Ongoing support
    • Right of appeal
  • 8. MISUSES OF THE DISCIPLINARY PROCESS
    • To establish, change or reintroduce rules
    • To deal with collective or group problems
    • To enhance personal or sectional power
    • To teach employees the rules
    • To use someone as an example to others
  • 9. CONSISTENCY
    • Between sites
    • Between employees
    • Between occasions
    • Consistency of identification, decision penalty
  • 10. ESSENTIAL FEATURES OF DISCIPLINARY PROCEDURES
    • Be in writing
    • Specify to whom they apply
    • Dealt with quickly
    • Specify the levels of management which have the authority to take disciplinary action
    • Provide for individuals to be informed of the complaints against them and to state their case before decisions are reached
    • Contd.
  • 11. ESSENTIAL FEATURES OF DISCIPLINARY PROCEDURES
    • Give individuals the right to be accompanied by a fellow employee of their choice or an accredited Trade Union representative
    • Ensure that disciplinary action is not taken until the case has been carefully investigated
    • Ensure that except for gross misconduct, no employees are dismissed for a first breach of discipline
    • Explanation for any penalty imposed
    • Provide right of appeal
  • 12. DISCIPLINARY ACTION
    • Reasonable belief
    • Concrete proof of guilt is not essential
    • BUT
    • Employer must have
    • Genuine belief
    • On reasonable grounds
    • Following reasonable investigation
    • That employee has committed an act of misconduct
  • 13. FAIR REASON FOR DISMISSAL
    • Conduct
    • Capability
    • Redundancy
    • Statutory restriction
    • Some other substantial reason
  • 14. TEST OF FAIRNESS
    • The determination of whether the dismissal was fair or unfair. shall depend on whether in the circumstances (having regard to the size and administrative resources of the employers undertaking) the employer acted reasonably or unreasonably in treating it as a sufficient reason for dismissing the employee and that question shall be determined in accordance with equity and the substantial merits of the case.
  • 15. GROSS MISCONDUCT
    • Behaviour on the part of the employee which is incompatible with continued employment
    • Entitles employer to dismiss without notice
    • Does not mean a dismissal without a fair procedure.
  • 16. EXAMPLES OF GROSS MISCONDUCT
    • Theft
    • Fighting
    • Drunkenness
    • Serious breaches of safety rules
    • Damaging company property
    • Refusing to obey reasonable order
    • Serious insubordination
    • Sexual or racial harassment
  • 17. CAPABILITY PEFORMANCE CASES
    • Conduct is deliberate, blameworthy or careless
    • Incapability is usually a lack of skill or ability
    • What is the evidence of poor performance?
    • How long has performance been unsatisfactory?
    • Consider training, redeployment, demotion
    • Make warning sufficiently long to give time to improve
    • Monitor during warnings
  • 18. INVESTIGATION
    • Independent thorough investigation
    • Evidence from witness/es
    • Obtain written signed statements
    • Person conducting investigation should not be directly involved in any subsequent disciplinary hearing
  • 19. ARRANGING HEARING
    • Completed investigations?
    • Arrange meeting in private
    • Consider location of meeting room
    • Advise employee give detail so they can prepare
    • Plan the timing at least 48 hours notice
    • Arrange for a Company representative to be present as a note taker and witness for the Company
  • 20. NATURAL JUSTICE
    • A right to be informed of the case against the employee
      • Allegations
      • Supporting evidence
    • A right to make representations before a decision is made
      • Challenging evidence
      • Arguments on rules etc.
    • A right to unbiased hearing
      • Open mind
      • Previous involvement
  • 21. CONDUCTING A DISCIPLINARY INTERVIEW
    • Statement of complaint
    • Employees reply
    • General questioning
    • Summary
    • Adjournment
    • Decision
  • 22. CONSIDERATIONS
    • Only if on the basis of the e