New rules on disciplinary proceedures

If you’re lucky, you may never have had to deal with the problem of discipline at work. But new rules due to be introduced on 1 October will force every business to think about how they handle discipline, dismissal and grievance.

The Employment Act 2002 (Dispute Resolution) Regulations mean that every employer - no matter how small - must have a system in place for dealing with these issues. The regulations, which apply from 1 October 2004, state that procedures about discipline must be written down and available for staff to read.

Failure to draw up proper procedures and to follow them can be costly. It might mean you lose a tribunal or face a 50 per cent increase in the compensation you have to pay.

Drawing up rules

The new regulations aim to set a minimum standard. If you already have a good system in place simply make sure that it’s written down and available for all staff.

If you’re starting from scratch begin by thinking of basic rules of behaviour. The areas you cover will depend on your industry, but most businesses look at:

• timekeeping
• absenteeism
• performance
• use of company facilities
• use of email or internet
• telephone calls.

Rules must be specific and clear. Spell out why they are necessary - for example, it might be vital to wear special clothing for health and safety reasons or so that the public can easily identify a member of staff. Take care that the rules are not discriminatory and remember to treat part-time and full-time employees equally.

The Department of Trade and Industry (DTI) suggests including your rules and what happens if they’re broken in the employee’s contract, their written terms of employment or the letter you send when offering a job. You could also post them on a notice board or intranet, or print them in the staff handbook and include them as part of your induction programme for new staff.

Minor offences

Deal with problems quickly and try to find a solution that will help your employee to improve. If it’s a minor offence discuss it with them informally. Check they know what they’ve done wrong and how they can improve. Make a brief note of the date and what action was agreed.

More serious offences