When an employee disobeys your rules and procedures, or they don’t meet the expectations of their job role, then you need to let them know. An informal chat is often enough, but if it isn’t, you may need to have a formal discussion. This can result in a warning or dismissal – known as disciplinary action.
Legally, you’re required to have a disciplinary procedure in place that describes what can be considered misconduct. Employees need to know about this in their terms and conditions of employment (contract).
It would be great if every case of misconduct was a simple affair, but it usually isn’t. In cases where you’re using the disciplinary procedure, as opposed to an informal chat, you should carry out a full investigation.
There’s no legal requirement to follow a particular disciplinary procedure, but for minor misconduct cases and reoffending employees, these are the most commonly followed steps.
1. First written warning
2. Final written warning
How we can help
We can help with all of your disciplinary dilemmas, including:
- Writing a coherent procedure which is fit for purpose for your organisation
- Giving advice on whether you need to take disciplinary action, and on how to do it with least risk
- Assisting with the whole disciplinary process
- Dealing with representatives like trades unions
- Carrying out the whole process for you