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As an employer carrying out an employee disciplinary procedure, you must avoid making any mistakes. A mistake may result in any subsequent dismissal being unfair. Furthermore, the employee may have just cause to take your business to the employment tribunal. As such, this article will explore the five most common mistakes employers make in the disciplinary procedure and how you can avoid them.
Failing to Establish the Facts
A common mistake employers make when carrying out the disciplinary procedure is not correctly establishing the facts of the case. You must not make this mistake as you need to establish the facts to decide whether formal disciplinary action is necessary or not.
When establishing the facts, you must keep a clear record of them. Records may include:
- written statements;
- minutes of meetings; and
- documentary evidence relating to the facts.
You should consider that your employee challenges the procedure, and the records will likely be used in any case at an employment tribunal. You should pass copies of any minutes to the employee. If they disagree with your version, they should create their own.
Failing to Clarify the Allegations Made
When carrying out your disciplinary procedure on your employees, you must let them know at the outset what accusations they face. This allows your employee to adequately and fairly prepare for the disciplinary hearing. You should also present to your employee the evidence you will rely on.
The allegation must be a genuine concern for you and should remain the same throughout the disciplinary investigation. If new allegations arise during the disciplinary procedure, you must address them too. You should not take disciplinary action against an allegation you did not inform your employee about and investigate as part of your disciplinary procedure.
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Not Warning Your Employee of the Possible Consequences
When carrying out your disciplinary procedure, you must notify your employee of the potential consequences if they are guilty of the allegations. Nevertheless, many employers fail to do this. Letting your employee know the potential actions you might take if they are found guilty of the disciplinary allegations means they can understand the severity of the situation and defend themselves. It also allows them to find a new job if they believe you may dismiss them.
Not Allowing a Companion
Employers commonly make the mistake of failing to allow employees to be accompanied by a companion to the disciplinary hearing. This is their legal right providing they request it. You should notify them of this right when you write to them at the outset of the disciplinary procedure. A disciplinary meeting companion can be:
- a work colleague;
- a trade union representative; or
- an accredited trade union official.
Failing to Give Fair Warnings and Taking Fair Action
At the end of your disciplinary procedure, you must decide what action you feel is most appropriate to take against your employee. It may be that you, for example:
- take no action;
- give an informal warning;
- issue a written formal warning; or
- dismiss your employee.
Employers make the common mistake of not carrying out the appropriate action. Whatever action you decide to take must be a reasonable action for the circumstances.
Key Takeaways
When you carry out your disciplinary procedure on your employees, you must avoid making common mistakes employers make. Disciplinary procedures must be full and fair, and you must carry out specific actions. For example, employers often mistake not allowing the employee to be accompanied to the disciplinary hearing, which is their legal right and a right you should make them aware of. Additionally, you must give employees adequate warning before drastic action such as dismissal. If you do not avoid common mistakes when carrying out your disciplinary procedures, you could face a claim in an employment tribunal.
If you need help understanding common mistakes to avoid when carrying out a disciplinary procedure in the UK, our experienced employment lawyers can assist as part of our LegalVision membership. For a low monthly fee, you will have unlimited access to lawyers to answer your questions and draft and review your documents for a low monthly fee. So call us today on 0808 196 8584 or visit our membership page.
Frequently Asked Questions
A common mistake to avoid when you carry out your disciplinary procedure is, for example, to ensure you make it clear to your employee what allegations they face. This allows them to defend themselves fairly and understand what the disciplinary procedure is being carried out for.
You should avoid making common mistakes when carrying out disciplinary procedures because you could face an employment tribunal for a potential claim for unfair dismissal. This is costly and can damage your reputation as an employer.
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