DISCIPLINARY ACTION
LEGALLY PARKED
Top10tips
1. Ensure policies are kept up to date and in line with case law and the ACAS Code on disciplinaries.
2. Include examples of misconduct and gross misconduct in the policies, to act as guidance when dealing with disciplinaries.
3. Carry out training of managers. In particular, make sure that they know how to arrange and conduct a disciplinary hearing. An employer may have a valid defence in an employment tribunal if managers have been trained in how to take disciplinary action.
4. Provide standard documents for managers to use, such as letters setting up the disciplinary hearing and written warnings.
5.The employee has the right to be accompanied. Also, the
companion can act on behalf of the employee in a number of respects.
6. If there is any doubt, carry out an initial investigatory meeting to make sure you have all the facts.
7.Keep a written note of every stage of the process, including any investigatory meeting, the disciplinary hearing and what the employee says in his defence.
Use an independent note-taker to ensure that there is an accurate record. All notices, warnings or dismissals should also be recorded in writing.
8. Allow the employee the right
to be heard, including an effective means of appeal.
9.Ensure that action is taken as soon as practicable and all employees are treated in the same way, otherwise there may be suggestions of bias or even discrimination.
10. Always consider the reasonableness of the sanction and the alternatives, such as an improvement notice, counselling or training. Look at the employee’s previous record, length of service and experience before reaching a decision. Also note that there may be extenuating circumstances, which caused the employee’s unacceptable behaviour.
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www.britishparking.co.uk JULY 2012 21
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