Kira Fonteneau’s Post

My mantra for approaching a disciplinary process 👇🏻 Hope for the best, but prepare for the worst. Hoping for the best means: 🟢Supporting the employee 🟢Prioritising the relationship 🟢Giving the benefit of the doubt 🟢Focusing on constructive solutions 🟢Assuming you will overcome the issues But prepare for the worst means: 🔴Communicating possible consequences  🔴Getting legal advice when needed 🔴Assessing and mitigating risk 🔴Ensuring tight compliance 🔴Keeping good records Best case? You can overcome the issues and move forward.  Worst case? You can’t. No matter how ‘risky’ you deem it to be,  and regardless of whether you are looking at a minor warning or a dismissal, this mantra will serve you well. PS: I’ll teach you how this looks in practice in my Disciplinary Process Workshop - Enrolment is now open, we start 8 April - join now, link in comments

Let’s face it, disciplinary processes can be complicated and time consuming. From identifying misconduct to issuing formal warnings, there’s a lot to get your head around. But how you handle workplace discipline also sets the tone for the rest of your business. Join us for an expert webinar unpacking the disciplinary process, policies, and pitfalls, with the EMA’s Acting Head of Legal, Ruthi Bommoju, and Acting Corporate Counsel, Mauro Barsi. Register now: https://lnkd.in/gS547nCi

Disciplinary procedures can be lengthy and seemingly complex, but it really isn't all that complicated once you start breaking things down. Perhaps you have a troublesome employee and want to conduct a disciplinary hearing? Make sure the notice of hearing contains the following: • The employees name and surname and ID number/Employee number • The date and time of the hearing • The place the hearing will be held • The charges against the employee (the reason you are having the hearing) • Whether the employee is suspended pending the hearing or not (with FULL pay)? • The name of the chairperson and the right to object to the chairperson before a certain date (usually before the hearing) • Remind the employee that he/she is entitled to be at the hearing but if he/she chooses to not attend, the hearing could be held in his/her absence • The right to be represented by a fellow employee and/or a shop steward • The employees right to call witnesses to prove his/her case and such witnesses must be arranged by the employee • The right to an interpreter, and that the employee should notify the company sometime prior to the hearing that one is needed • The right to a reasonable time to prepare their defence and their right to question witnesses • The right to appeal against any sanction imposed (if applicable) • The name of the manager/supervisor that is issuing this notice to the employee • A notice advising the employee that he/she has received the notice and understood the contents thereof and that if he/she chooses not to attend the hearing, then the right to appeal will be lost. This notice should be given to the employee at least 24 hours before the hearing so that the employee can prepare. Keep the original signed notice, but make sure that the employee has his/her own copy that he/she can take home. #hradvice #disciplinaryprocedures #disciplinaryhearing #fairpractice #hearingnotice #disciplinary #employeerelations

Today’s 𝗡𝗼 𝗡𝗼𝗻𝘀𝗲𝗻𝘀𝗲 𝗛𝗥 𝗮𝗱𝘃𝗶𝗰𝗲 covers the three fundamental stages in a disciplinary process. It doesn’t matter how obvious a disciplinary offence is, you need to include these three steps and the safest course of action is to have a different individual cover each step. 𝐈𝐧𝐯𝐞𝐬𝐭𝐢𝐠𝐚𝐭𝐢𝐨𝐧: A neutral fact-gathering exercise to decide whether there is sufficient evidence to justify taking the matter further. An employee may be suspended, where appropriate during this stage. Suspension does not indicate guilt but can protect your business and allow a smooth-running disciplinary process. 𝐃𝐢𝐬𝐜𝐢𝐩𝐥𝐢𝐧𝐚𝐫𝐲 𝐇𝐞𝐚𝐫𝐢𝐧𝐠: The hearing will present the evidence to the employee, give them a chance to respond, and then decide on whether disciplinary action is needed. 𝐀𝐩𝐩𝐞𝐚𝐥: An employee must be allowed to appeal the decision. The appeal should be heard by a more senior manager (consider this when deciding who conducts the first two stages) and will allow the employee to explain why they feel the hearing came to the wrong conclusion. The manager will then decide if the original decision was correct. A tribunal will look at the whole process. So, a strong appeal process can help remedy any procedural issues in the previous parts of the process.

Curious about the duration of a disciplinary record? Here's what you should know: . 1️⃣ The duration of a disciplinary record can vary depending on the nature of the offence and the company's policies. . 2️⃣ Some disciplinary records may remain on file for a specific period, such as 6 months or a year, while others could stay longer. . 3️⃣ Employers may consider the severity of the offence, your overall performance, and any subsequent incidents when assessing the impact of a disciplinary record. . 4️⃣ It's essential to consult your employer's policies or seek legal advice to understand your situation's specific guidelines and implications. . Navigating disciplinary records can be complex. Let us provide expert guidance and support to help you through the process. 💼⚖️ . #uklaw #solicitor #uksolicitor #disciplinary #worklife

LET'S TALK - SPLITTING OF CHARGES ON A NOTIFICATION TO ATTEND Charges on Notifications to Attend have multiplied, yet simultaneously remain unclear as to what an employee is charged with. Our courts do not favour this practice, yet disciplinary inquiries have often been compared to criminal trials, in stark contrast to the envisaged goal of these inquiries. I have had to remind myself of the following rule that was reiterated by the learned Appeal Judge in EOH Abantu (Pty) Ltd v CCMA and Others [2019]: One of the key elements of fairness is that an employee must be made aware of the charges against them. It is always best for the charges to be precisely formulated and given to the employee in advance of the hearing in order to afford a fair opportunity for preparation. The charges must be specific enough for the employee to be able to answer them. With this formulation in mind, the following key considerations can help employers to decriminalize disciplinary proceedings: 1) Less is more - A worthwhile exercise for employers is to refrain from stacking a Notification to Attend with 5, 6, or 7 odd charges relating to one event, thereby constructing a proverbial brick wall of impenetrable charges or clumping charges together with the hopes that one would stick, and leaving a chairperson with the task of deconstructing the charges to figure out which ones the employee is in fact guilty of. Rather use one or two charges to depict what an employee did or did not do, and how these actions (or lack thereof) have impacted the company (concretely). 2) Be specific - If an employer alleges that an employee did something (or did not do something), it is usually best to formulate a charge wherein one can identify what the type of offence is (misconduct, negligence, etc.); one can identify when it took place (on a specific day, or during a specific week/month/year); and one can match a result to the conduct. 3) Evidence - Whether an employer has sufficient evidence to prove a charge is usually a good gauge of whether the charge is worth listing on a Notification to Attend. If, for example, an employer alleges that an employee did not follow company policies or procedures, it is best to present a copy of the policy and/or procedure that you allege non-compliance with, to sufficiently connect the charge to the evidence. These considerations might help employers to get to the point of what happened and perhaps save time during disciplinary proceedings.

One common stumbling block for employers in disciplinary proceedings, particularly when facing a tribunal, is the challenge of substantiating the fairness of their decisions. This doesn't necessarily mean the decision was unfair; instead the problem often lies in the transparency of the decision-making process, or the absence of adequate evidence regarding how the decision was reached. Read our article for guidance on how to make (and show you've made) a fair disciplinary decision here https://lnkd.in/epvT2VRW If you need further advice and guidance on a disciplinary issue, please get in touch. #disciplinary #dismissal #employment #hrsupport #hrconsultant

Tuesday Q&A “Do I have to have a disciplinary policy?” Employers are legally required to have disciplinary procedures and rules in place, however, how you do so is up to you. The law requires that you provide this information to an employee within two months of them starting employment. There are no rules regarding the prescribed form of the same. I recommend that this information is kept separate from the Employment Contract, to avoid this becoming a contractual term of employment. If this was the case, you would need the employee’s consent to change it. Instead, having a separate policy will mean that the policy can be updated and amended from time to time as you see fit. Not only that, it keeps the Contract simpler as this can just refer to the disciplinary policy, as amended from time to time. However you format the information, it is essential to ensure that you have this information in place, not only to comply with your legal obligations, but so that your employees know the standards expected within your business and so that you have some guidance as to where to turn and handle situations when disciplinary issues present themselves. If you would like advice on what to include in a disciplinary policy, or would like assistance in drafting the same, please contact me at laura@jamiesonalexander.co.uk or on 0330 094 5245, for a free initial chat. If you have a question that you would like asking at the next Tuesday Q&A, please dm me!

A disciplinary hearing is a formal process used by an employer to deal with issues relating to an employee’s work and issues such as misconduct due to unacceptable or improper behavior; and capability covering performance issues, among others. An employer should first review whether the matter can be resolved informally using discussions to determine how any improvements can be made or whether training can assist if it is a capability issue. If the issue cannot be resolved informally, then an employer may consider summoning an employee to a disciplinary hearing. #disciplinary #hearing #employmentlaw #misconduct #work

A disciplinary procedure is the way your employer deals with discipline when they believe that your conduct or performance is not up to the expected standard. Disciplinary procedures may involve something as simple as an informal chat, and escalate to involve letters, meetings and appeals. It can be a lonely and scary process - UNISON are here to make things easier for you and your employer. #workingtogether #difficultconversations #supportingeachother https://lnkd.in/eBxq3RxH