Employment & Labour
What Employers Should Consider Before Beginning a Disciplinary Process
The preparation that protects both the employer and the employee when a workplace disciplinary matter arises.
A disciplinary process that is not properly prepared exposes an employer to risk regardless of how justified the underlying concern may be.
Confirm the process set out in the contract and policy
Most employment contracts and workplace policies set out a disciplinary procedure. Following that procedure, rather than an ad hoc approach, is the starting point for any disciplinary matter.
Establish the facts before initiating the process
A disciplinary process should follow a proper review of the relevant facts and any supporting documentation, rather than being initiated on an incomplete account of events.
Give the employee a fair opportunity to respond
Employees should be informed of the concern raised against them and given a genuine opportunity to respond before a decision is made.
A fair process protects the employer as much as the employee. Most disputes arise not from the decision itself, but from how it was reached.
Keep a clear record
Documentation of each stage of the process protects both the employer and the employee, and matters significantly if the outcome is later disputed.
Consider the proportionality of the outcome
The action taken should be proportionate to the conduct or performance concern raised, and consistent with how similar matters have been handled previously.
This article is provided for general informational purposes and does not constitute legal advice. It does not describe the position under any specific piece of legislation or the outcome of any particular case. Readers with a specific matter should seek advice on their own circumstances.