Disciplinary Procedures - Essay Example

 Disciplinary Procedures In a typical workplace, there is a lot of interaction among the employees, the executive, and between the employees and the employer. This interaction has mixed results, including improved interpersonal relationships, effective communication, and often, conflict. When there is a difference in opinion and interests, workers may resort to inappropriate methods to settle scores, thereby attracting the attention of the employer. To solve the existing disciplinary cases in the workplace, the employer through the Human Resource department may wish to handle the case informally through the quiet word. However, this is not always possible due to the possibility of bias in during decision making. Therefore, the employer is expected to pursue the case formally through standard procedures that stipulate clearly grounds for fairness and reasonable behaviour (Advisory, Conciliation and Arbitration Service 2009). The set of discipline procedures is crucial to the efficiency of operations in the workplace. First, the procedures differentiate between grievances and discipline actions. Therefore, the employer and the employee should be aware of the due processes to address each problem. It also defines terms for terminating contracts on the relationship between the employer and the employee. Secondly, the procedures lay down a basis for fairness when handling grievances and discipline actions. The procedures stipulate that complaints by employers and employees should be in writing to avoid undue alterations.These procedures allow the employees and their representatives to be involved in formulating resolutions to foster transparency. Thirdly, the procedures are important to the organization since they define the extent of actions to be taken based on the resources available to the employer. The employment tribunals, thus, determine the necessary steps to follow the code for a fair solution. Finally, the procedures give details on the essential elements of the successful resolution of cases. These elements are raising issues as soon as they appear, consistency of allegations, seeking preliminary information to form the basis for the case and allowing the employees to appeal their case after the decision has been made. From the employer’s perspective, the discipline procedures are important for various reasons. To begin with, the procedures offer a framework for conducting investigations to establish the key facts regarding the case or grievances forwarded. The employer, therefore, collects the available evidence through series of hearings and disciplinary meetings. Nevertheless, the procedures dictate that facts ought to be established within a reasonable time after a complaint is forwarded. Secondly, the disciplinary procedures allow the employer to inform formally the employee under investigation about the problem. More so, this should be done in writing with attached pieces of evidence for the purpose of record keeping an avoiding inconsistency (Antcliff & Saundry 2009). Thirdly, the procedures aim at incorporating the views of the employee in the entire process of finding a solution. This is enhanced through hearings in which the employee responds to allegations and asks questions to seek clarification by presented evidence. Furthermore, the discipline procedures give employers the basic structure of arriving at decisions. Three major decisions can be made founded on the strength of the evidence presented in the employment tribunal. The employer may decide to write warning letters in case of gross misconduct whose extent may have threatened the operations of the organization. The letter should comprise of the mistakes done and recommended improvements. If the tribunal finds it fit to dismiss the employee, the responsible manager should do so within the legal system of termination of employment. The managers are also allowed to keep the employee if there was no sufficient evidence for accusations. However, if the employee fails to attend the hearings, the manager is allowed by the procedures to rely solely on the evidence available to make any of the decisions. Besides, the employer is instructed to allow the employee to attend disciplinary sessions in company of a co-worker of a representative from a relevant union. The purpose of accompaniment is statutory, but not necessary to build substance for the case. The companion should, therefore, seek formal permission to be involved in the proceedings with reasonable reasons to do so. The companion is also allowed to respond in the event the employee is unable to answer certain questions. Nevertheless, the decisions arrived at should be nonpartisan for the contentment of both parties. However, there are special instances in which the employee may be convicted of the criminal offense. This nature of cases is beyond the jurisdiction of the employer, and apart from tainting the name of the organization to a small extent, the employee is not liable for disciplinary action by the employer. Additionally, if disciplinary action is instituted against an employee who is also a union representative, consultations with other union officials should be done at an early stage after the employee gives consent for investigation. Benefits of discipline procedures to employees Although most of the benefits accruing from the discipline procedures are delineated to employers, they likewise have some significance to the workers during a disciplinary action. First, they give the worker the privilege to be in company of either colleague or union representative (Acas 2015). This accompaniment is beneficial since it boosts the confidence of the worker in expressing his thoughts during the hearing. Also, procedures allow the companion of the employee to respond on his behalf hence may defend the employees using the right stipulated in the labours Act. Secondly, the procedure provides a room for equality and diversity. In this case, to encourage fair treatment of the employees, they are allowed to write to the employers any information regarding equality or diversity they may feel relevant. Thirdly, discipline procedures give the employees a chance to appeal the case if they feel dissatisfied with the verdict of the hearing. This appeal is essential as it gives them a second chance to defend their argument that may lead to the withdrawal of warning. During the appeal, usually the virtue of impartiality is upheld, and a neutral manager is often engaged in the process to ensure that the views of the employee are listened. Fourthly, the overall procedure provides a systematic way of handling the disciplinary cases which normally protects the rights of the employees. They also create awareness to the employees about the consequences they are likely to encounter in case of any misconduct. During the employment of a new employee, it is normally the obligation of the employer to present the new entrant with the rules and policies governing the company. Also, he should present them with the disciplinary procedures to make them aware of the process if they violate these laws of the company. Therefore, this instils the sense of consciousness among the employees during their performance in the organisation. Lastly, the procedures refute the crisis that may arise if the employees do not know the process to follow during the disciplinary process. Since they already know the protocol, it reduces the time taken for the hearing to take place, and the employee decision is made as quick as possible hence reducing the anxiety. Failure of having disciplinary procedure in the organization Failure to have disciplinary procedures may have detrimental effects on employer and employees. This may result to the crisis in solving misconduct issues in the organization including other concerns. On the view of the employer, lack of procedures may have various effects. First, failure to have a well- documented guideline will lead to increased complaints in the office of the employer. This might emanate from the perception that the employer was biased in handling discipline cases. Also, it might proof difficult for the employer to deal with the gross misconduct in the organization. Since there are many indiscipline cases that require different attention, the employer may fall short or be discriminative in making a decision of each distinct case. Thus, many employees may be dissatisfied with the decision that might reduce their performance. Furthermore, failure to have discipline procedure may increase the time taken solve the eventualities by the managers. Since, no stipulate procedure will be available, development of informal guidelines for distinct misconducts or poor performance may consume a lot of time which may be essential in other company activities. Also, the employers may act in an absolute manner since the chances of appealing the decision made may be limited. This procedure may result to derail the growth of the firm due to the fear that might be instilled in the employees. On the employees’ perspective, lack of procedures may lead to a violation of their rights since the employer will not be bothered to consider them during decision making. Thus, a heavy penalty may be imposed on the employee depending on the managers will. Also, they may not be presented with a chance to appeal the ruling made even if the manager was unfair in his decision. This demoralizes their morale as well as their creative in their commitment to the company. Moreover, the employees may not be allowed to be led by trade union representatives or a colleague during the hearing of the cases. Thus, this denies them a chance for being represented even if they are not familiar with labour Acts. Additionally, the time taken to for the hearing process as well as making the decision may increase hence heightens their anxiety. This affects them psychologically that is not conducive to their execution of duties. References Advisory, Conciliation and Arbitration Service. 2009. Disciplinary and Grievance Procedures. London: The Stationery Office. Antcliff, V& Saundry, R. 2009.‘Accompaniment, Workplace Representation and Disciplinary Outcomes in British Workplaces - Just a Formality?’British Journal of Industrial Relations, Vol. 47, no. 1, pp. 100-121. Acas 2006. Discipline and grievance at work. Available from: [1 Dec 2015]. Read More