Disciplinary procedures

A major objective of Amicus has always been the establishment of effective protection for members from arbitrary actions by employers in the field of discipline at work.

In recent years most employers have introduced or agreed disciplinary procedures to ensure that no disciplinary action is unfair. This is often included in the employees' written statement of terms and conditions.

This development followed a change in the law which introduced the concept of "unfair dismissal". In an industrial tribunal both the grounds (reasons) for dismissal and the way (method) in which the dismissal has been handled can be challenged.

Disciplinary procedures differ in definitions of categories of offence, number of stages, the length of time warnings stay on record.

Employees should be informed of the standards of conduct of work and the procedures which ensure that these rules are kept to.

Disciplinary procedures should not be viewed as a means of imposing sanctions. They should be designed to emphasise and encourage improvement in individual conduct.

Thus, having a disciplinary procedure and following it properly, is an important protection for any organisation. Getting involved in defending a claim for unfair dismissal can be a time consuming and expensive business. In practice there are sometimes problems when disciplinary procedures are not properly understood or do not mesh in with management committee decision-making structures. Small organisations sometimes overlook this fact and place limits on a hearing which can only lead to unfairness of outcome.

Disciplinary procedures allow for a range of trade union and bargaining activities. These include:

* negotiating the original agreement;

* being involved in the issues relating to matters of discipline;

* representing members at all levels of hearings and interviews;

* bargaining over the severity of the offence, the use of limits on the member's record and the conduct of cases by managers.

Checklist

Disciplinary procedures should not be viewed primarily as a means of imposing sanctions. They should also be designed to emphasis and encourage improvement in individual conduct.

Disciplinary procedures should:

* be in writing;

* specify to whom they apply;

* specify what the Rules of Conduct of work are and inform all employees;

* provide matters to be dealt with quickly;

* specify that procedures start again for each new offence;

* indicate the disciplinary actions which may be taken;

* allow for plenty of time before invoking the formal procedure;

* provide adequate informal warnings;

* specify the levels of management which have the authority to take the various forms of action, ensuring that immediate supervisors do not normally have the power to dismiss without reference to senior management;

* provide for individuals to be informed of the complaints against them and to be given an opportunity to state their case before decisions are reached.