Disciplinary & Performance Issues

Poor performance and failure to escalate issues through a disciplinary process literally costs businesses thousands in reduced efficiency and wasted man hours. We provide you with advice on how to effectively manage the issues that undoubtedly arise when you employ staff.

ACAS Code of Conduct

All companies must have written disciplinary and grievance rules and procedures that comply with the ACAS Code of Practice. You should always follow these rules and procedures in order to treat your employees fairly and have the best chance of avoiding expensive and time-consuming tribunal claims. If an employee makes a successful tribunal claim and it is found that you have not followed a fair process, then the employee may be awarded additional compensation.

Performance Issues

If you have a member of staff that is underperforming then an opportunity to improve should always be granted. Many businesses allow poor performance to continue without taking any action until this reaches a point where it becomes critical for the business.

Disciplinary procedures for capability cover poor performance and should be used as a means of encouraging improvement not punishing an employee.

Disciplinary Procedure

The disciplinary procedures will normally be applied in situations such as unsatisfactory performance, breaches of company policies, bullying, harassment or victimistion, persistent lateness or poor timekeeping, unnaceptable levels of absence or unauthorised absence, repeated failure to follow reasonable requests or instructions - to name a few situations.

You may choose to suspend an employee to allow a disciplinary offence to be investigated, this would be with pay and benefits.

Typically you should try to resove disciplinary issues informally, especially if this is minor misconduct.

If it is decided there is a disciplinary case to answer then the employee should be invited to this meeting in writing and given the opportunity to bring a representative. For more information on what you should include in this letter please contact us for advice.

During the disciplinary meeting both parties will be given the opportunity to set out the disciplinary case and provide explanation or evidence. After the meeting a decision is made and communicated to the employee in writing.

Possible outcomes of a meeting may be a verbal warning, first formal warning, final warning, dismissal or other penalty. To discuss what outcome is appropriate to your disciplinary case then contact us.

Gross Misconduct

In the event of gross misconduct you are entitled to summarily terminate an employees contract of employment without notice or pay in lieu of notice.

The type of actions that constitute gross misconduct are: theft, fraud, dishonesty, fighting or assault, deliberate damage to company property, incapability to work due to the effect of drugs or alcohol, serious breach of company rules, serious negligence which causes loss, damage or injury, serious acts of insubordination. This is not an exhausive list.

If you think any of the above may apply to your employees then contact us for some initial advice.

Take advice before taking action.