Disciplinary penalties - Discipline at work

When deciding whether a disciplinary penalty is appropriate and what form it should take it is important to bear in mind the need to act reasonably in all the circumstances. Factors which might be relevant include, the extent to which standards have been breached, precedent, the worker’s general record, position, length of service and special circumstances which might make it appropriate to adjust the severity of the penalty.

Depending on the outcome of the procedure some form of disciplinary action may be taken as follows:-
First Warning:
Oral - In the case of minor infringements the worker should be given a formal oral warning. Workers should be advised of the reason for the warning, that it constitutes the first step of the disciplinary procedure and of their right of appeal. A note of the oral warning should be kept but should be disregarded for disciplinary purposes after a specified period (eg, six months).

Written Warning
If the infringement is regarded as more serious the worker should be given a formal written warning giving details of the complaint, the improvement or change in behaviour required, the timescale allowed for this and the right of appeal. The warning should also inform the worker that a final written warning may be considered if there is no sustained satisfactory improvement or change. A copy of the written warning should be kept on file but should be disregarded for disciplinary purposes after a specified period (eg, 12 months).

Final written warning
Where there is a failure to improve or change behaviour during the currency of a prior warning, or where the infringement is sufficiently serious, the worker should normally be given a final written warning. This should give details of the complaint, warn the worker that failure to improve or modify behaviour may lead to dismissal or to some other action short of dismissal and refer to the right of appeal. The final written warning should normally be disregarded for disciplinary purposes after a specified period (eg, 12 months).

Dismissal or other sanction
If the worker’s conduct or performance still fails to improve the final step might be disciplinary transfer, disciplinary suspension without pay , demotion, loss of seniority, loss of increment (provided these penalties are allowed for in the contract) or dismissal.

The decision to dismiss should be taken only by the appropriate designated manager and the worker should be informed as soon as reasonably practicable of the reasons for the dismissal, the date on which the contract between the parties will terminate, the appropriate period of notice (or pay in lieu of notice) and information on the right of appeal including how to make the appeal and to whom.