There may be occasions when a quiet word with an employee has not resolved a problem and it is necessary to deal with the matter more formally through either a disciplinary or capability procedure.
nIt can sometimes, however, be difficult to deal with the problem fairly and objectively because you are too close to it or want to deal with it swiftly.
nEmployers should step back and ensure they follow the Acas Code of Practice when handling problems in the workplace to ensure the reason for the action and the process followed are fair and objective. You should also check what your disciplinary procedure says with regard to dealing with such matters.
nThe first step is to investigate thoroughly – double check where necessary and gather evidence to support what you are saying. Also look for evidence which supports the employee.
nThe employee should be provided with copies of the evidence, including statements, and given sufficient notice of the disciplinary hearing. There is no legal minimum amount of notice but it should be ‘reasonable’ and allow the employee to review the evidence, prepare a case and arrange for someone to accompany them to the hearing. If the case is complicated or very serious, a longer period of notice may be necessary.
nAn employee has the right to be accompanied by either a work colleague or a trade union representative at a disciplinary hearing and it does not matter if the organisation does not recognise a union. If the employee has a disability, it may be necessary to allow wider representation from someone who can support the employee during the process.
nThe person who carries out an investigation should not be involved with the hearing and appeal. At the hearing, the problem should be clearly explained and the employee should be allowed to state their case, present any evidence and question witnesses.
nIt is important to listen and consider the points raised. Don’t prejudge the problem and simply hand the person a pre-prepared warning letter. The penalty should be reasonable, explained to the person and confirmed in writing setting out the process for appealing against the decision. You should also keep detailed and accurate notes of the process.
nIf you would like further information or support for your business please contact Sheila Watson on 01429 857082. Sheila.watson@hartlepool.gov.uk