What you need to know about disciplinary action at work

Research reveals that over half of workplace disciplinary disputes in the UK take over four weeks to resolve, suggesting inconsistent and slow handling of disciplinary action across the nation.

You may decide to take disciplinary action against an employee because of their behaviour, standard of work, or absence from work. You should follow a written process, which will explain the standards of fairness to abide by, like the Advisory, Conciliation and Arbitration Service (ACAS) Code of Practice.

Dealing with misconduct or performance issues inappropriately can have detrimental effects on your company, from wasted resources and decreasing morale to legal consequences if disciplinary actions are mishandled.

We’ll explore different types of disciplinary action, the key stages of the disciplinary action process and more about disciplinary procedures in the workplace.

What is a disciplinary action?

Disciplinary action is the consequence in response to misconduct, poor performance or rule violation. Disciplinary action can take many different forms and will vary depending on the severity of the behaviour being corrected.

Before taking formal action, you may decide to raise the matter informally first. But while managers may choose to respond more leniently with minor violations, it’s critical that they promptly address severe incidents such as excessive unauthorised absences, serious insubordination, harassment or misconduct.

It’s important to remain fair and consistent when administering disciplinary action. When determining whether to take disciplinary action against your employee, consider the nature and severity of the violation and their employee’s disciplinary history.

By enforcing a disciplinary action policy, employers can cultivate a fair, consistent, and healthy workplace culture. A consistent disciplinary action process protects your employees, company, and customers.

What are common types of disciplinary actions?
There are several different types of disciplinary action to reprimand employees for violations of your company’s code of conduct. According to ACAS, before starting a formal disciplinary process, you should attempt to resolve the problem informally.

This may be through:

• private conversations with involved staff
• agreeing on improvements to be made
• listening to your employee’s point of view
• setting up a development, training or mentoring plan if the issue is performative.

Disciplinary actions may include an:

• informal (or verbal) warning
• written warning (this may be a first warning or final warning if the employee commits or repeats a misconduct or if performance is not improved within a set timeframe)
• demotion
• dismissal.

If you find that your employee has committed gross misconduct, you must carry out an investigation and fair disciplinary process.

You may then decide on:

• dismissal without notice
• payment in lieu of notice.

Employers must ensure that the level of disciplinary action they administer is aligned with the severity of the violation.

What are the reasons for disciplinary action?

The specific scope of your company’s disciplinary action policy will vary depending on the nature of the business. Creating a comprehensive disciplinary action process will eliminate confusion among employees and ensure they know what is expected of them.

For instance, a transport company would likely prioritise issues like adherence to traffic law, safety, and driver attentiveness. But a bank may administer disciplinary action for dress code violations, rudeness to customers, or other actions that could impact their reputation.

In general, misconduct may include concerns like:

• persistent lateness
• unauthorised absence
• routine underperformance

According to Gov.uk, examples of gross misconduct can include:

• serious insubordination
• physical violence
• gross negligence
• theft.

Some UK companies implement a zero-tolerance policy for unacceptable behaviour, which stipulates that violations involving issues like discrimination, sexual harassment, violence, or theft will not be tolerated.

As an employer, you have a duty of care to protect your employees and set clear expectations. It’s essential that you follow any zero-tolerance policy in practice – not just in messaging. You must ensure the correct procedures are followed in order to retain employees’ trust.

Disciplinary procedures at work: The key stages

If you believe that disciplinary action is necessary, you must follow a fair procedure. The ACAS Code of Practice applies to those who are legally classified as an employee. It’s the minimum you must follow but you may also have your own disciplinary policy, tailored to your organisation.

While the ACAS code is not law, if your employee wins an employment tribunal against you, they could secure a larger payout.

Here are some of the key stages of taking disciplinary action:

1. Notification: It’s important that you tell the employee immediately, in writing. It should include information about the alleged misconduct and the potential consequences.
2. Disciplinary ‘hearing’: In this meeting, the employer should explain the complaint, discuss the evidence and allow the employee a chance to share their side of the story. The employee has a right to take a companion (like a colleague or trade union representative) to the hearing with them, but they must inform their employer first.
3. Disciplinary decision: The employer considers all the evidence before making their decision. After the hearing, you should write to your employee as soon as possible, detailing the action you’re taking and informing them on their right to appeal.
4. Chance to appeal: If your employee believes that the disciplinary action is unfair, they can appeal. They should be offered another hearing. Ideally, the appeal should be dealt with by someone who hasn’t been involved in the disciplinary action so far.
5. Final decision: After the appeal hearing, you should write to your employee with your final decision.

Does ‘disciplinary action’ mean ‘fired’?

While a disciplinary action can result in termination, it doesn’t have to. It’s up to you as the employer and your managerial team to determine what type of disciplinary action is required for the given violation.

If the behaviour is a minor violation, a written warning may be suitable. But, if the employee keeps making the same mistake again and again, despite your attempts to encourage better behaviours, more severe consequences may be needed. Similarly, if the incident was serious and put others in danger, termination (following a fair procedure) may be necessary.

Each disciplinary action decision should be based on the nature of the incident and the employee’s history.

Creating a disciplinary action process

It goes without saying that disciplinary procedures at work are important to get right. When dealing with potentially serious outcomes, a consistent and transparent approach is important to retain employee trust and avoid damaging morale.

A clear disciplinary policy can help ensure that everyone’s on the same page, and your employees’ understand what’s expected of them. BambooHR^® can help to streamline your HR processes, so you can focus on building comprehensive policies and training your team on your company code of conduct.