Monday, February 4, 2008

Rules and Disciplinary Procedure

The need for rules and disciplinary procedures

Key Points

Rules are necessary because they set standards. A good disciplinary procedure helps employees* keep the rules, and helps employers deal fairly with those who do not.

Rules will normally cover issues such as absence, timekeeping and holiday arrangements, health and safety, use of the organisation's equipment and facilities, misconduct, sub-standard performance, and discrimination, bullying and harassment.

Rules and procedures should be clear, and should preferably be put in writing. They should be known and understood by all employees

All employees should have ready access to a copy of the rules and disciplinary procedures.

Management should aim to secure the involvement of employees and any recognised trade union or other employee representatives when rules and disciplinary procedures are introduced or revised

Rules should be reviewed from time to time and revised if necessary

Management should ensure that those responsible for operating disciplinary rules understand them and receive appropriate training
What should rules cover?

Employers should be aware that any such requirement must be solely on the basis of health or safety, and should not discriminate between sexes or on the basis of age, race, disability, sexual orientation or religion or belief

While the following is not an exhaustive list, as different organisations will have different requirements, examples of the types of issues that rules might cover are:
Timekeeping
'clock-in' times
lateness.

Absence
authorising absence
approval of holidays
notification of absence
Health and safety

personal appearance – any special requirements regarding, for example, protective clothing, hygiene or the wearing of jewellery.

Employers should be aware that any such requirement must be solely on the basis of health or safety, and should not discriminate between sexes or on the basis of race, disability, sexual orientation or religion or belief

smoking policy
hazards/machinery/chemicals
policies on alcohol, drug or other substance abuse.
Discrimination, bullying and harassment

equal opportunities policy

policy on harassment relating to race, sex, disability, sexual orientation, religion or belief
bullying and harassment policy.
non-discriminatory clothing or uniform policies
standards of written or spoken language needed for the safe and effective performance of the job.

Gross misconduct

the types of conduct that might be considered as 'gross misconduct' (this is misconduct that is so serious that it may justify dismissal without notice).

What should disciplinary procedures contain?

When drawing up and applying procedures, employers should always bear in mind the requirements of natural justice. For example, employees should be informed of the allegations against them, together with the supporting evidence, in advance of the meeting. Employees should be given the opportunity to challenge the allegations before decisions are reached and should be provided with a right to appeal.

Good disciplinary procedures should:

be put in writing

say who they apply to (if there are different rules for different groups)

be non-discriminatory

provide for matters to be dealt with speedily

allow for information to be kept confidential

tell employees what disciplinary action might be taken

say what levels of management have the authority to take the various forms of disciplinary action

require employees to be informed of the complaints against them and supporting evidence, before any meeting

give employees a chance to have their say before management reaches a decision

provide employees with the right to be accompanied

provide that no employee is dismissed for a first breach of discipline, except in cases of gross misconduct

require management to investigate fully before any disciplinary action is taken

ensure that employees are given an explanation for any sanction andallow employees to appeal against a decision.

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