When an employer is conducting a disciplinary process, any action must be carried out fairly, have a good reason for taking the action and must follow general principles to ensure a fair process. However we come across some common mistakes, here’s just a few:
- Predetermining the outcome. The incident/situation is an allegation in the first instance.
- Not raising the allegation promptly after the incident/situation has occurred.
- Not completing a proper, impartial, full and documented investigation into the allegation (including not interviewing all relevant people) prior to a disciplinary meeting.
- Failing to advise the employee what the possible disciplinary outcomes might be at the start of the process.
- Not providing long enough time for the employee to seek advice or prepare a response to the allegation.
- Failing to remind the employee of their right to representation or a support person.
- Failing to consider the employee’s explanations for their behaviour.
- Inconsistency on how employees are treated, especially when the incident/situation is the same or very similar.
- Not documenting all outcomes in writing.
A disciplinary process doesn’t need to be a complex process, it just needs to be a fair process. TBD HR can provide guidance, support and critical advice to help you complete a disciplinary process in a fair and reasonable way. So if you’re in this situation, give me a call today.