Disciplinary procedures 2
Page 52
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COMPENSATION paid to an employee for unfair dismissal can amount to £5,200, so it is well worth while making quite sure that those managers given the authority to dismiss employees are fully aware of the correct procedure to adopt when doing so.
The new Code of Practice 1, Disciplinary Practice and Procedures in Employment (HMSO, price 1 5p) which I started to discuss in the previous article in this series, lays down the correct procedure to be followed.
Paragraph 11 suggests that when a disciplinary matter arises, the supervisor or manager should establish the fact promptly, taking into account the statements of any witnesses. It is advisable to do this as soon as possible before recollections fade.
The Code makes no mention of making written notes at this early stage in the inquiry, but this is advisable. In criminal cases, witnesses, when giving evidence, are allowed to refer to notes which they made "at the time" to refresh their memories.
I feel sure they would also be allowed to do so when giving evidence before an Industrial Tribunal.
Supposing, for example, something said at the time of the sacking is in dispute. A witness who can refer to a note and say "I
made a note at the time; what was said was thisand then give a verbatim account of the conversation is a witness worthy of credence, who will carry a lot of weight with the Tribunal.
Brief period of suspension
The Code suggests that in serious cases a brief period of suspension, with pay, while the case is being investigated should be considered.
Often it is necessary for supervisors to give a workman a mild "ticking off" for something he has done or omitted to do, which is not a serious enough matter to warrant any disciplinary action. In more serious cases the Code lays down the following procedure: (a) In the case of minor offences the individual should be given a formal warning or, if the issue is more serious, there should be a written warning setting out the nature of the offence and the likely consequences of further offences. In either case the individual should be advised that the warning constitutes the first formal stage of the procedure.
(b) Further misconduct might warrant a final written warning, which should contain a statement that any recurrence would lead to suspension or dismissal or some other penalty, as the case may be.
(c) The final step might be disciplinary transfer, or disciplinary suspension without pay (but only if these are allowed for by an express or implied condition of the contract of employment), or dismissal, according to the nature of the misconduct. Special consideration should be given before imposing disciplinary suspension without pay, and it should not normally be for a prolonged period.
Except in the case of the oral warning, details of disciplinary action should be given in writing to the employee and, if desired, to his representative. At the same time the employee should be told of any right to appeal, how to make it and to whom, The Code recommends that recc should be kept concerning all breache disciplinary rules. Copies of all wril warnings must be carefully filed and tails of oral warnings should be record
If an employee is misbehaving, possibility of a hearing before an Indus. Tribunal should be born in mind the wI time. Everything that happens should carefully noted so that records can produced to corroborate the employ evidence at the inquiry.
The Code points out difficulties wh may arise where employees work in si tions where there is no supervisor with necessary authority to take disciplir action, or where no trade union reprei tative is immediately available.
Workshop fitters on a night shift, or drivers working from a di some way away from company headquarters, are examples of sort of situations envisaged where difficulties may arise. Sp( provisions should be made for handling disciplinary matters in tf cases.
Special consideration must also be given to the way in w disciplinary procedures will operate where the employee concei is a trade union official.
Though normal disciplinary standards should apply, the C points out that a serious dispute could arise if the action t2 against the man could be construed as an attack on the uni functions.
The Code states that no disciplinary action beyond an warning should be taken until the circumstances of the case f been discussed with a senior trade union representative or a time official.
I am sure that many employers will disagree with this methc dealing with misconduct, and will argue that it matters not whE an employee is a shop steward or a non-union man; the a( should be the same.
This may be so, but others will hold that this is one of the c where discretion is the better part of valour. The Code only sugc consultation with senior trade union officials; presumably the a( action taken against the offender will not be altered.
Guidance is also given in the Code as to what should be < when an employee commits a criminal offence outside his em merit. The Code says: "Criminal offences should not be treats automatic reasons for dismissal, regardless of whether the off has any relevance to the duties of the individual as an emplo The main considerations should be whether the offence is one makes the individual unsuitable for his or her type of wonl unacceptable to other employees. Employeps should no dismissed solely because a charge against them is pendint because they are absent from work through having been remar in custody."
In these days of trade union power, the employer must n quite sure that his actions in disciplinary matters are be reproach. It has been said, in all seriousness, that it is impossible to sack a man; this is, of course, nonsense.
If it is necessary to dismiss an employee, every step in dismissal must be in accordance with the Code of Practice, reason for dismissal must be a fair one, as laid down in the T Union and Labour Relations Act 1 974, and there must not b( slightest hint that the dismissal is because of the man's trade u activities.
The need for careful recording of all the relevant details as occur cannot be over emphasised. The thought that there may I Industrial Tribunal hearing must be constantly born in mind ar the necessary evidence to refute any suggestion of unfair collected and preserved ready for production if the need arises