A case law example

A BMW factory worker was taken to a disciplinary hearing for going to Burger King on his lunch break without asking for permission first. Employees were strictly not allowed to go “off-site” without the permission of their supervisors.

On another occasion, the same worker went to the factory car park to get his packed lunch from his car on his lunch break, again without permission which ultimately led to his dismissal.

It was found that the employee handbook was not clear enough because it had conflicting policies about what was considered to be “off-site” and therefore, it wasn’t clear what was and was not a disciplinary issue.

So, in the end, the worker was found to have been unfairly dismissed. But what can we learn from this? It’s very important that you make sure all employees know what is and isn’t acceptable to avoid any confusion or misunderstandings later on.

Disciplinary Do’s

Make sure you have all the facts straight

Before taking any action, it’s crucial to gather all the facts. This could include informally speaking to the employee and others involved, finding evidence and examples that support the claims, and reviewing internal policies and contracts.

Raise the issue informally

Before going down the formal route, you owe it to yourself and your employee to find an informal solution first. You could speak to the employee privately and look to offer support, guidance, or further training to try and resolve any issues. If these don’t work, a disciplinary procedure may be the best option.

Follow a fair procedure

It’s a good idea to use the Acas Code of Practice on disciplinary as a baseline for what a fair procedure should look like. This is because if an incident is escalated and goes to the employment tribunal, judges tend to look at whether the Acas practices were followed.

Put the concerns in writing

In order to follow a fair and formal process, you’ll need to put all the concerns in writing to make sure everyone is clear.

Keep everyone in the loop

Communication is key with disciplinaries because you don’t want to burn all your bridges when there is hope of finding amicable and constructive solutions. Continuous communication can avoid those involved from getting distressed and losing the motivation to work.

Disciplinary Don’ts

Jump to conclusions

Making assumptions without concrete evidence can lead to matters escalating further. So to avoid grievances and potential resignations, it’s a good idea to get your ducks in a row and follow your own disciplinary procedures before taking any action.

Use a different procedure for different employees

Problems can come when employees feel they are being treated differently. The key is to have a concrete disciplinary process in place that you can follow for each situation.

Disregard well-being and mental health

Remember that disciplinary proceedings can be very stressful for employees. So make sure you keep checking in with them to make sure they’re coping ok. Look out for absences or behaviour that may suggest that someone’s mental health might be deteriorating.

Taking disciplinary action is something most employers don’t want to deal with but from time to time, you have to. We hope our tops tips for the do’s and don’t of managing a disciplinary process are helpful but if you’d like to talk to an friendly HR advisor about carrying out a fair disciplinary process and how we can help save you time, money and stress, book a free consultation below.

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