understanding discipline in the workplace
Understanding discipline in the workplace
1.1
Disciplinary rules and procedures are important in a workplace to set out the boundaries of acceptable conduct and satisfactory performance, and to ensure fair and equal treatment of all employees. Since 1977 there has been a Code of Practice on disciplinary practice and procedures issued by ACAS. A revised version of the ACAS Code of Practice on Disciplinary and Grievance Procedures came into effect on 6 April 2009. The Code must be taken into account by an Employment Tribunal in situations to which it applies.
It is also important that employees know what standards of conduct and performance are expected of them. The written particulars of employment that must be provided to every employee under the provisions of the Employment Rights Act 1996 must contain any disciplinary rules that do exist and indicate the person to whom employees can apply if they are dissatisfied with any disciplinary decision. If an employment contract contains a disciplinary procedure that is contractual, then failure to follow this will be a breach of contract and may result in the employee’s resignation and a claim for constructive dismissal. In addition, all employment contracts contain an implied duty of mutual trust and confidence. Failure to operate a disciplinary procedure in a fair and reasonable manner when applying a disciplinary sanction may also result in a resignation and a claim that mutual trust and confidence has been breached.
It is a legal requirement for employers to have a written disciplinary policy and procedure and for it to be provided to all employees. In addition, it is recommended that all managers receive training in applying this procedure, something which is also required by the revised ACAS Code of Practice.
1.2
At our organisation the disciplinary policy and procedures are stated in the employee handbook, together with employment policies and procedures. This gives every employee a transparent view and
1.1
Disciplinary rules and procedures are important in a workplace to set out the boundaries of acceptable conduct and satisfactory performance, and to ensure fair and equal treatment of all employees. Since 1977 there has been a Code of Practice on disciplinary practice and procedures issued by ACAS. A revised version of the ACAS Code of Practice on Disciplinary and Grievance Procedures came into effect on 6 April 2009. The Code must be taken into account by an Employment Tribunal in situations to which it applies.
It is also important that employees know what standards of conduct and performance are expected of them. The written particulars of employment that must be provided to every employee under the provisions of the Employment Rights Act 1996 must contain any disciplinary rules that do exist and indicate the person to whom employees can apply if they are dissatisfied with any disciplinary decision. If an employment contract contains a disciplinary procedure that is contractual, then failure to follow this will be a breach of contract and may result in the employee’s resignation and a claim for constructive dismissal. In addition, all employment contracts contain an implied duty of mutual trust and confidence. Failure to operate a disciplinary procedure in a fair and reasonable manner when applying a disciplinary sanction may also result in a resignation and a claim that mutual trust and confidence has been breached.
It is a legal requirement for employers to have a written disciplinary policy and procedure and for it to be provided to all employees. In addition, it is recommended that all managers receive training in applying this procedure, something which is also required by the revised ACAS Code of Practice.
1.2
At our organisation the disciplinary policy and procedures are stated in the employee handbook, together with employment policies and procedures. This gives every employee a transparent view and