Should the individual do something outside of that contact they could potentially face disciplinary proceedings. For an organisation to present disciplinary roceedings against an employee, strict guidelines must be adhered too; employers can follow the ACAS code Of Practice on Disciplinary and Grievance Procedures. This document is the bare minimum of what every organisation should do. Also employers must stick to the guidelines as set down in law in the Employment Act 2008, sections 1-7 directly include information relating to dispute resolutions.
Every employee who has been disciplined has the right to an employment tribunal as set down in the Employment Tribunals Regulations 2008. This gives the employee a fair way to put there case orward to the organisation to defend themselves and also for the organisation to fairly put their issues to the employee. This is all done through a third party to ensure fairness on both sides. Should the employer not comply with the legal aspects of a disciplinary process they could find themselves having to pay the employee compensation.
Identify an organisation’s employment policies and procedures that could guide the manager in dealing with disciplinary issues Within Cheshire Fire & Rescue Service (CFRS) all employees should be aware of the guidance given by the rganisation in regards to conduct. Within CERS there are 2 sets of staff, staff that are operational that adhere to what is called the Grey Book, and staff and are non operation that adhere to the Green Book. There are 2 sets of guidance for employees depending on their role within the organisation.
Should an employee go against a rule of this guidance then they could potentially face discipline procedures. The first step is for the manager to decide that discipline procedures are the right course of action for that employee, the manager can get guidance on this decision from their line anager or from Human Resources, also they can refer to the guidance document within CFRS document ‘4-3-1 Discipline Procedures’. Within this document it contains information to help managers decide on whether or not to enforce discipline procedures.
There is a list that describes different cases that could potentially be a trigger for procedures to be carried out. This includes but not limited too; Bad behaviour unsatisfactory work performance Harassment, victimisation or bullying, misuse of company facilities Poor timekeeping Unauthorised absences Repeated or serious failure to follow instruction CFRS implement a 4 stage policy in regards to discipline procedures, the first stage being an informal discussion with the individual.
The next step is the classed as the first formal stage and this can be given by the line manager as written warning, the warning should give details and an explanation of the decision, it should also warn the employee that failure to improve or modify behaviour may lead to further disciplinary action as well as advise them of their right of appeal. The next stage is the second formal stage and this is implemented where there is a failure to improve of change behaviour in the imescale set from the written warning from the previous stage, it can also be implemented straight away should the offence deem serious enough.
This stage can lead to a final written warning to the employee. The next stage is the third formal stage; this is where the employee continually fails to improve or where the offence is sufficiently serious. This stage must include an investigation and hearing and the sanctions imposed on the employee may include dismissal. Gross misconduct is a result of serious breach of contractual terms and puts the employee at risk of summary dismissal.
Monitoring Discipline in the workplace Describe the purpose of disciplinary procedure Disciplinary procedures are implemented within the workplace to ensure workers adhere to there contract and to ensure they maintain at least the minimum performance level required. There are 3 streams where an employee could be subjected to disciplinary procedures, these are, Capability Attendance, Conduct, & Capability Performance. Failure in any of those 3 categories could lead to an employer implementing disciplinary procedures. Capability Attendance within CFRS requires staff to follow the policy called
Attendance Management. Should an employee hit a trigger point within that policy then they are likely to face disciplinary action. Conduct is covered within CPRS policy called Code of Conduct for Employees. Should the employee fail to adhere to the rules set out in this policy then disciplinary procedures are likely to be implemented. Capability Performance within CFRS for the operational side of employees is covered in the Grey book. Should an employee working to the grey book fail to meet the operational competencies required then they can face disciplinary procedures against them.
Employers have these rules in place so as to ensure their employees conduct themselves accordingly whilst in employment with them. Identify the interpersonal behaviour and support skills required by a manager to monitor discipline in the workplace As a manager within a workplace there are key skills that are essential to effectively manage a discipline procedure. During an investigation you will be required to fact find and to investigate to come up with an outcome. The manager will be required to put this information together and present it as a disciplinary case.
As an investigating officer within a discipline it is essential that you are organised, thorough, impartial and fair, have good questioning skills, are accurate with your work, have a good understanding of the policies in use, apply principles of natural justice, remain calm, think about things in a logical manner, be able to get to the bottom of things and to have a good understanding of employment law. Having the above skills ‘Mll allow the manager to prepare and present a disciplinary case to a very good standard.