Disciplinary procedure
Disciplinary procedure is a formal procedure of fair and coherent conduct in disciplinary matters through a system of gradually severe sanctions imposed by subsequent levels of management [1]. The disciplinary procedure should be noted down. It should be easily accessible, understood and known by everyone employee. This will show the employee the action that employer will take in case of miscounduct[2] . A disciplinary procedure need to include a prevailing statement concerning the employer's attitude towards discipline. This should show that a precursor of formal disciplinary activity will be counseling or informal intervention, with the object of resolving disciplinary problems. Just when informal intervention will not work will it be essential to escalate the scope and extend a formal disciplinary procedure[3].
Investigation procedure
The standard investigation procedure is[4] :
- Set out In writing supposed behavior or considerations that have conclude to disciplinary action or displacement.
- The employee must receive a copy with an invitation to a meeting to discuss the problem.
- Give the employee a wise time to deliberate a response before the appointment.
- After the meeting employee must be informed of the employer's decision and right of appeal.
- If an employee wants to appeal the employer has to be informed and another date set for an appointment.
- The final decision has to be submitted In writing to the employee.
If an employee's actions are serious the procedure might be entered into at the appropriate stages.
Recommended stages[5]:
- Written warning - recommended duration is six months
- Final written warning - recommended duration is twelve months
- Dismissal - is permanent
Gross misconduct
There are branches of rules and standards that are unacceptable in any circumstances. That is serious misconduct like theft, fraud, violence or serious insubordination. In case of "gross misconduct" the probability is that if the investigation gives evidence that supports the charge, the employee will be dismissed even though it is his or her first offense [6].
Examples of Disciplinary procedure
- Verbal Warning: A verbal warning is a formal warning given by an employer to an employee in the form of an oral statement. It is typically used as the first step in a disciplinary procedure when an employee’s behaviour or performance is not meeting expectations.
- Written Warning: A written warning is a formal notification given by an employer to an employee that their behaviour or performance has not been satisfactory and must improve. It is the second step in a disciplinary procedure and typically follows a verbal warning.
- Suspension: Suspension is a disciplinary action taken by an employer in which an employee’s employment is temporarily suspended without pay. It is typically used as the last step before dismissal and is usually imposed for serious misconduct or gross negligence.
- Dismissal: Dismissal is a disciplinary action taken by an employer in which an employee’s employment is terminated. It is typically used as the last step in a disciplinary procedure and is only used in cases of serious misconduct or gross negligence.
Advantages of Disciplinary procedure
Disciplinary procedure is a formal procedure of fair and coherent conduct in disciplinary matters through a system of gradually severe sanctions imposed by subsequent levels of management. The advantages of a disciplinary procedure include:
- It helps to maintain a safe, productive, and professional work environment by providing employees with a clear set of expectations and consequences for not meeting these expectations.
- It ensures that any disciplinary action is taken in a fair, consistent, and transparent manner.
- It allows management to identify and address any underlying issues that may be causing an employee to act out of line.
- It can help to ensure that employees understand their rights and responsibilities and that they are held accountable for their actions.
- It can help to reduce tension and conflict in the workplace, as well as minimize the potential for legal action.
- It can be used to reinforce positive behavior and reward employees who follow the rules.
Limitations of Disciplinary procedure
Disciplinary procedures have a few important limitations. These include:
- Lack of due process - Disciplinary procedures can be unfair and lack due process as employees may not be able to provide proof of their innocence or are not given ample opportunity to defend themselves.
- Potential for bias - Disciplinary procedures can be biased and unfair, as there is a potential for managers to make decisions based on personal prejudice and not on the facts of the case.
- Limited scope of consequences - Disciplinary procedures can only provide limited scope of consequences, such as suspension or dismissal, and may not be able to resolve more complex issues.
- Inability to prevent future occurrences - Disciplinary procedures cannot address why an incident occurred and cannot guarantee that similar incidents will not happen in the future.
- Limited employee involvement - Disciplinary procedures often do not involve employees in the process and do not take into account their perspectives or experiences.
A Disciplinary procedure is not just a formal procedure of fair and coherent conduct in disciplinary matters through a system of gradually severe sanctions imposed by subsequent levels of management. Other approaches may include:
- Training and development of employees - this helps provide employees with the knowledge and skills they need to perform their job responsibilities effectively. It also allows employees to identify areas they need improvement in and take action to improve their performance.
- Performance appraisals - these are regular reviews of employees performance to identify areas of improvement. The performance appraisals also provide feedback to employees on their performance and areas for improvement.
- Coaching and counseling - this involves providing guidance and support to employees to help them develop their skills and abilities. It can also be used to identify any behavioral issues that require corrective action.
- Progressive discipline - this involves a system of gradually more severe disciplinary measures if employees do not respond to other approaches.
In summary, there are many approaches to disciplinary procedure that can be used to improve the performance of employees and ensure a fair and consistent process. These include training and development, performance appraisals, coaching and counseling, and progressive discipline.
Footnotes
| Disciplinary procedure — recommended articles |
| Scope of activities — Professional misconduct — Group contract — Discipline of work — Non delegable duty — Works committee — Quality manager — Internal audit — Stress interview |
References
- Banfield P. Kay R. (2012) Introduction to Human Resource Management, OUP Oxford
- Burchill F. (2014) Labour Relations, Macmillan International Higher Education
- Cressy S. (2003) Business Management for Hairdressers and Therapists, Heinemann
- Durai P. (2010) Human Resource Management,Pearson Education India
- Emir A. (2014) Selwyn's Law of Employment, Oxford University Press
- Farnham D. (2000) Employee Relations in Context, CIPD Publishing
- Sherry J.A. Institute of Personnel Management (1979) Disciplinary procedures and practice, the Institute
Author: Magdalena Łubiarz
