4 Steps to a Fair Disciplinary Procedure | Akrivia HCM

What is disciplinary procedure?

A disciplinary procedure is a formal process that employers use to address employee misconduct or performance issues. It is designed to be fair and consistent and to give employees an opportunity to improve before more severe disciplinary action is taken.

What is the purpose of disciplinary procedure

The purpose of a disciplinary procedure is to:

• Promoting diversity and inclusion: A disciplinary procedure can be used to promote diversity and inclusion by addressing misconduct that is discriminatory or harassing.
• Maintain a positive and productive work environment: A disciplinary procedure can help deter employee misconduct and create a workplace where everyone feels respected and valued.
• Protect the interests of the employer and employees: A disciplinary procedure can help to protect the employer from liability in the event of an employee grievance or lawsuit, and it can also help to protect employees from unfair treatment.
• Ensure that employees are aware of and comply with workplace policies and procedures: A disciplinary process can help to ensure that all employees are aware of the rules and expectations of the workplace and that they are held accountable for their actions.
• Provide employees with an opportunity to improve their performance or conduct: A disciplinary procedure can allow them to learn from their mistakes and improve their performance.
• Take fair and consistent disciplinary action when necessary: A disciplinary procedure can help to ensure that all employees are treated fairly and consistently, regardless of their position or seniority.

Steps in a Disciplinary Procedure

The steps in a disciplinary procedure may vary depending on the employer’s policies and procedures, but they typically include the following:

1. Investigation: The employer investigates the alleged misconduct or performance issue to gather evidence. This may involve interviewing witnesses, reviewing documents, and/or conducting other fact-finding activities.
2. Disciplinary meeting: The employer meets with the employee to discuss the investigation findings and to give the employee an opportunity to respond. The employee should be provided with a copy of any evidence that will be used against them in advance of the meeting.
3. Disciplinary decision: The employer makes a decision about what disciplinary action to take, if any. This decision should be based on the severity of the misconduct or performance issue, and any other relevant factors.
4. Appeal: The employee may have the right to appeal the disciplinary decision if they experience unfair dismissal. The appeals process should be outlined in the employer’s disciplinary policy.

Types of Disciplinary Action

The most common types of disciplinary action include:

• Verbal warning: A verbal warning is an informal reprimand given to an employee verbally. It is typically used for minor misconduct or performance issues.
• Written warning: A written warning is a formal reprimand given to an employee in a document or mail. It is typically used for more severe misconduct, performance issues, or employees who have received multiple verbal warnings.
• Suspension: A suspension is a temporary period when an employee is prohibited from working. Suspensions are typically used for more serious misconduct, performance issues, or employees who have received multiple written warnings.
• Termination of employment: Termination of employment is the most severe form of disciplinary action and results in the end of the employment. Termination is typically used for very serious misconduct or performance issues.

Fairness and Consistency

Employers need to ensure that their disciplinary procedures are fair and consistent. This means that all employees should be treated equally, and the same disciplinary action should be taken for similar offenses. Employers should also ensure that their disciplinary procedures are documented and communicated to all employees.

Additional Considerations

In addition to the steps outlined above, there are a few other things that employers should keep in mind when implementing a disciplinary procedure:

• Be progressive: Employers should start with less severe disciplinary action and escalate to more severe action only if necessary. This gives employees a chance to improve before their employment is terminated.
• Be consistent: Employers should apply their disciplinary procedures consistently to all employees. This means that similar offenses should result in similar disciplinary action, regardless of the employee’s position or seniority.
• Be fair: Employers should give employees a fair opportunity to respond to allegations of misconduct or performance issues. This includes providing employees with advance notice of disciplinary meetings and allowing them to be accompanied by a representative of their choice.

Conclusion

Disciplinary procedures are an important part of maintaining a positive and productive work environment. By following a fair and consistent disciplinary procedure, employers can address employee misconduct or performance issues in a way that is fair to both the employer and the employee.