HR CORNER – EMPLOYMENT LAW TIPS AND REQUIREMENTS FOR EMPLOYERS
Ensuring your organisation has all the required Employee policies & procedures makes good business sense. Not only does it ensure you maintain control over your choices and decisions but it also protects you against any claims of breach of employment law. The following outlines the do’s and don’ts of disciplinary processes. It is strongly advisable that all companies, regardless of size, have a disciplinary policy. It is thereafter, equally important that the policy is followed to the letter during disciplinary proceedings.
Here are a few very important do’s that all employers should take heed off when considering disciplining or firing an employee:
- Do refer to your policy and don’t deviate from it
- Do ensure the employee has a written letter inviting them to an investigatory interview regardless of the situation. All employees are entitled to the right to defend themselves regardless of the misconduct
- Do ensure the employee has the right to have a witness
- Do ensure the employee is told of the allegation or reason for the investigation and given a copy of any statements or evidence prior to the meeting
- Do ensure the investigatory meeting is conducted by a Manager who is aware of the correct procedure and questioning approach
- Do ensure verbatim notes are taken at the meeting and a copy given to the employee
- Do ensure that the employee is able to cross-examine witnesses if requested
- Do ensure you hold a separate disciplinary meeting at a date after the investigatory meeting
- Do ensure you give the employee notice and the right to have a witness
- Do ensure a different manager conducts the disciplinary meeting.
- Do ensure the employee is made aware of all evidence and provided with documentation regarding the allegation
- Do allow the employee to question information at this meeting
- Do close the meeting prior to making a decision and inform the employee that they will be advised of the outcome.
- Do ensure the sanction warrants the conduct and be consistent with all employees.
- Do give the employee the right of appeal
Here are a few things employers shouldn’t do when considering disciplining or firing an employee:
- Don’t suspend the employee unless it is justified in your policy
- Don’t judge the situation in the investigatory meeting. This is purely to gather facts.
- Don’t use the same manager for judge and jury
- Don’t keep information hidden from employee
- Don’t discuss with other workers
Disciplinary proceedings can be complex matters and careful planning is essential. It is advisable to contact a trained specialist for support.
If you require advice in relation to any of the above you can contact Áine Fox, FCIPD, UHY FDW’s Strategic HR Partner on +353 86 380 7206 or email@example.com