Sometimes, taking disciplinary action against employees is a necessary evil of running a business. It’s probably safe to say that most employers don’t enjoy having to discipline staff; it’s unpleasant, time consuming and can cause a lot of stress for everyone involved. A report by the UK Faculty of Public Health suggests that employers should treat disciplinary investigations as a last resort, noting that poorly handled disciplinary proceedings cause harm for those under investigation and those conducting the process and that, as a result, employers face increases in sickness absence, diminished employee wellbeing and workforce attrition. It also found that too often, disciplinary processes become punitive and process-driven and end up escalating conflict rather than resolving it. While sometimes situations are such that disciplinary action really is the only appropriate option, there are other approaches employers can take in the first instance for less serious conduct.
Take early and appropriate action
Speaking with staff members at the earliest possible opportunity can help nip any unwanted behaviour in the bud before it escalates to such a level that disciplinary action is necessary. For issues such as tardiness or failing to follow the dress code (where such failure does not amount to a health and safety risk), a quiet word with the staff member at the outset can help the employer understand if there are any underlying issues causing the problem and also help the employee to understand that the behaviour is not something which the employer is prepared to tolerate, and is therefore something that they need to rectify.
In relation to certain issues, it may be appropriate to suggest mediation as a first step. Such an approach may work if, for example, two colleagues are finding it hard to work together but neither is particularly at fault. If there is bullying or discriminatory behaviour, mediation is unlikely to be the right approach, but for minor clashes in approach or personality, it may work well to have both parties partake in controlled discussions to try to find a mutually satisfactory solution.
Mind out for mental health
In circumstances where disciplinary action is necessary, while it is important that employers follow their own procedures and don’t breach their own policies, it is equally important not to lose sight of everything else in the process (quite literally!). Employers should bear in mind that disciplinary proceedings can be very stressful for all those involved, not just the employee who is the subject of the investigation, and appropriate support should be offered to those involved.
Ideally, employers should make every effort to expedite disciplinary proceedings by avoiding unnecessary delays which can exacerbate stress and further deepen the fractures between the parties involved. Clearly communicating the outcome of any disciplinary process, including detailing reasons why a particular outcome has been decided upon, is not only good practice but also ensures that everyone involved knows what decision has been reached and why.
If disciplinary action is considered the only option for any and all issues, it may be that it is being used inappropriately in many instances and that a less formal approach could work equally well, if not better. Accordingly, when an issue arises, employers should consider whether matters could be better addressed via an alternative medium such as informal resolution, support from management or mediation. Avoiding excessive use and inflexible application of a disciplinary process will not only lighten the administrative burden on both HR and management, but it will also help employees trust that their employer will deal with any conduct issues in a fair and appropriate manner, making them more likely to be willing to come forward with potential issues and hopefully stopping little problems from becoming big ones.
