Disciplinary Procedures – 4 Top-Tips For Employers
Like it or not, there will be times when it’s necessary to discipline an employee. Not many people like giving or receiving a reprimand, so it can be uncomfortable for both the employee and the manager.
Continue reading to learn what steps you can take to discipline an employee in a sensitive way that is as painless as possible.
TIP 1 – Do not delay the process
In workplaces with unclear processes, managers often decide to leave disciplinary matters for a later date and/or overlook matters of concern to avoid conflict.
However, delays in the process often have the following results:
- Loss of evidence
If you delay your actions, you may allow for the evidence to get away. Reconstructing the facts at a much later point often leads to understated or even mispresented claims. Detailing events is much easier when it is done without delay.
- Escalation of the problem
Often, bad behaviour or poor performance persists if action isn’t taken promptly. if no disciplinary action is taken in the first instance of misconduct, it makes it much more difficult to escalate your approach at a later stage.
- Devaluation of the issue
When you don’t take decisive action soon enough, it appears as though the error of the employee is less serious than it may be. It also sets an undesirable precedent and could lead to resentment from the rest of the workforce.
- Can be construed as unfair
When discipline is delayed, the eventual response may raise the legitimate question of why action wasn’t taken sooner and may feel like a personal, discriminatory action to the employee.
TIP 2 – Avoid unnecessary escalation
In most instances, employee issues can be dealt with informally. A quick chat and a reminder of your standards may well be enough to alleviate misunderstandings before the issue becomes so serious that it has to become part of a formal warning and added to the employee’s record.
However, in some cases, informal discussions and encouragement aren’t enough to create the change you desire from your employee.
Here are some common issues Employers have to deal with that may require a formal process:
- Not following Directions (policies, procedures, verbal instructions)
- Tardiness (e.g. being late for work consistently)
- Not meeting targets (sales targets, quality of work etc)
- Misconduct (fighting, stealing, illicit drug use etc)
TIP 3 – Use a fair disciplinary process
Where you determine that formal disciplinary action is appropriate, it is critical that you take steps to conduct a procedurally fair process.
This should include:
- Inviting the employee to a meeting, outlining the allegations
- Inform the employee that they may bring a support person to the meeting
- Providing the employee with the opportunity to respond to the allegations during the meeting
- Genuinely consider the employee’s response and investigate further if required
- Decide on an appropriate outcome
- Verbally advise the employee of the outcome and follow up with a letter of confirmation
TIP 4 – Do not include the disciplinary procedure in contracts
To have a documented procedure of how managers are to handle performance issues is one thing; to promise compliance of that process as part of an employment contract attracts legal risks and should be avoided.
For this reason, processes relating to performance management and disciplinary actions should be introduced as a guideline for managers, and not as part of the employment contract. This will give management scope to vary and adapt the process to suit the circumstances of each case without facing legal challenges in doing so.
Key Understanding
It is quite clear that the Fair Work Commission will give employers a bit of leeway to consider their actions as reasonably in circumstances where the employee is clearly in the wrong. However, a lack of procedural fairness and natural justice will be frowned upon and may end up being both costly and embarrassing for the employer.
Clear processes, training and education for managers are more important than ever.