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Acceptable workplace shenanigans? Part Two.What happens if a disciplinary is needed?
In our last blog, the need to conduct a thorough investigation and act reasonably within disciplinary procedures was highlighted. The employer concerned did neither… resulting having to pay a five figure sum to the Claimant, awarded by an Employment Tribunal.
As an employer, if you decide to go to a disciplinary then a clear process should be followed. The date, time and location of the disciplinary meeting should be decided in advance. This ensures that the employee:
- is fully aware of the allegations against them
- has time to consider the facts involved
- has the opportunity to gather any material that will assist them in the meeting
- can nominate a representative to accompany them (a work colleague or Trade Union representative)
A set group of people can be present on the day, including:
- disciplining manager
- management representative / note taker
- employee representative
The facts gathered during the investigation and meeting must inform a reasonable decision.
Consensus HR emphasises that HR is governed by Civil Law and on the balance of probabilities. “It comes down to employers acting ‘reasonably’” explains Matthew. “When carrying out any action, you should ask yourself whether you are acting reasonably.”
Do you believe that a number of employers would do the same?
Have you followed the correct legal procedure?
If you can honestly answer ‘yes’, then proceed with the disciplinary.
Remember – it is your decision. You may have to demonstrate that the action you took was reasonable whilst taking into account previous action in similar scenarios.
Many clients find that having the opportunity to talk to someone that is independent and a HR professional helps when having to make these difficult decisions. If you would like current information and professional HR advice, talk to Consensus HR.