Have you recently reviewed your disciplinary policy?
Did you know when the statutory disciplinary code was revoked in 2009 the new ACAS guide removed the need for a verbal warning? Many disciplinary policies still contain a verbal warning. Below are the stages I would recommend having in your policy:
Stage 1 Written warning
It will be implemented due to:
- An unsatisfactory response to an informal warning
- Further related breaches of discipline within six months of an informal warning
- A breach of discipline of such seriousness that a formal written warning is warranted.
The employee should be given a formal written warning giving details of the complaint, the improvement required, the time-scales for improvement and the right of appeal. It should also say that action under the next stage of the procedure may be considered if there is no satisfactory improvement or repeated misconduct.
A copy should be placed in the employee's personnel file but disregarded after a period of 12 months, subject to satisfactory conduct.
Stage 2 Final written warning
It will be implemented due to:
- An unsatisfactory response to a written warning
- Further related breaches of conduct within one year of a written warning
- A breach of discipline of such seriousness that a final written warning is warranted.
The final written warning should detail the complaint, warn that failure to improve may lead to dismissal and refer to their right of appeal.
A copy of the warning should be placed in the employee's personnel file but will be disregarded after a period of twelve months, subject to satisfactory conduct.
Stage 3 Dismissal
If an employee's conduct following a final written warning is still unsatisfactory they should be dismissed with contractual notice. They should receive a written statement confirming the reasons for dismissal, the termination date and their right of appeal.
Gross misconduct
Normally an employee will be summarily dismissed without notice and without payment in l
ieu of notice if there has been an act of gross misconduct.
The employee needs to be given a letter confirming the reason for dismissal, the date of termination and be given the right of appeal.
Always follow the procedures by conducting an investigation into the allegations; and carry out a fair disciplinary hearing. If you dismiss an employee without following your procedures, it will automatically be unfair.