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Your top 5 questions on the disciplinary procedure

I am often asked questions about the disciplinary procedure. Brief answers are below, but if you are going to take an employee through the disciplinary process, get in touch with me first, so I can guide you through the whole process.

Always make sure you follow the correct procedure, don’t take short cuts as this can lead to expensive legal action. Get it right, and avoid mistakes which can be costly and disruptive to your business.

1. How to I hold a disciplinary meeting

Make sure you are fully prepared, check facts, speak to witnesses, have witness statements and any other relevant evidence.
Before the meeting give the employee details of the allegation and the evidence that you have gathered. Call any witnesses and ensure that they also answer questions from the employee.
The employee should be given the chance to refute the allegation, call witnesses, submit witness statements etc.
The person chairing the meeting should be impartial

2. Does an employee always have the right to be accompanied to a disciplinary meeting?

Yes, usually by a fellow employee, trade union representative or a worker employed by a union.

3. An employee doesn’t seem up to the job, what should I do?

Find the root cause of the problem and before you do anything else, make sure that they have had the right training and support to do the job.

4. What constitutes gross misconduct?

Unacceptable or improper behaviour of a very serious kind including fighting, bullying, stealing, gross negligence and serious insubordination for which an employee could be dismissed without notice pay.

5. What if a witness wants to remain anonymous?

They can remain anonymous, but mainly if they are fearful of reprisals.

For help with disciplinary and grievance or any other employment related matter, contact Nichola Coulthard at Nichola@coulthardhr.co.uk. www.coulthardhr.com 07946 541606

Coulthard Human Resources – the external human resources department, helping businesses become amazing employers.