 Procedures When dismissing an employee, it is important to follow correct procedures. Only in severe cases of gross misconduct should an employee be dismissed without warnings. Even then, they should be first suspended with pay, while an investigation into the accusation takes place. The employee should be given a chance to answer the accusations, and only then should a final decision on dismissal be made. Refusing to give the employee a chance to explain their side before sacking them could leave you open for an unfair dismissal claim.
Your standard disciplinary procedure should be made available to your employees: The Employment Rights Act 1996 says that employers should provide written information for their employees on certain areas of disciplinary rules and procedures.
Although many companies have variations of disciplinary procedure, the standard procedure, as set out by the government is as follows.
1. Minor infringement
For a minor infringement, a formal oral warning should be given. It should give the reasons for the warning, what can be done to improve the situation, as well as informing the employee of future disciplinary action if the infringement continues/ improvements are not made. As the warning is part of the disciplinary procedure, the employee should be informed of their right to appeal.
A note of the formal warning should be kept, but should be disregarded after a satisfactory period of time (e.g.: 6 months).
Many companies also write to the employee about the oral warning, as this makes the situation clearer.
2. Major infringement / Repeated Minor Infringement
If a minor infringement continues, or a major infringement occurs, then a formal written warning should be given. It should have the details of the complaint, as well as explaining what action is necessary to remedy the situation. The warning should also give details of the timescale for change, as well as detailing the right of appeal.
The employee should be clearly informed that a failure to improve the situation or behaviour will result in a final written warning, and likely further disciplinary action.
A copy of the formal written warning should be kept on record for a satisfactory period of time (e.g.: a year) and then disregarded.
3. Repeated infringement / Serious Major Infringement
If an infringement continues after a first written warning, or a serious and damaging infringement occurs (such as theft or abusive behaviour), a final written warning should be given.
This should give the details of the complaint as well as outlining the necessary actions and timescale for change. The warning should give details of the right for appeal, and show that if the correct action is not taken, it may lead to demotion, disciplinary suspension without pay, disciplinary transfer, or dismissal.
A copy of the final written warning should be kept on record for a satisfactory period of time (e.g.: a year) and then disregarded.
4. Disciplinary Action
If after the given warnings and timescale no improvement is seen, then disciplinary action may be taken against the employee. Article Index 2. Correct Dismissal Procedure |
