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Can you issue a misconduct penalty without a formal disciplinary meeting...?

Andy Dodd

| 0 Posts

23 Nov, 2020 12:19

Employee has agreed they were wrong and apologised. Is there a need to formally carry out a disciplinary meeting or could you go straight to issue penalty

Thanks 

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  • Keith

    | 0 Posts

    23 Nov, 2020 12:35

    You should carry out a disciplinary even if its relatively short
    In effect you have carried out the investigation
  • Andy Dodd

    | 0 Posts

    23 Nov, 2020 13:35

    In reply to Keith:

    Thanks Keith, my thoughts exactly but i was advised by my previous HR manager that this is a waste of time as they have acknowledge their wrongdoing at therefore just issue letter with disciplinary penalty
  • Ray

    | 0 Posts

    23 Nov, 2020 14:23

    In reply to Andy Dodd:

    IMHO any disciplinary letter should be handed over face to face by the manager, with full explanation and the possibility to ask questions.
  • Andy Dodd

    | 0 Posts

    23 Nov, 2020 14:30

    In reply to Ray:

    Thanks Ray
  • Ann Simpson

    | 0 Posts

    23 Nov, 2020 14:39

    In reply to Andy Dodd:

    your previous HR manager gave you bad advice. If there is a sanction applied, the proces should at minimum follow the ACAS code (as Keith says, the investigation stage can be deemed to have taken place, but the disciplinary hearing still needs to happen in order for the sanction to be considered and formally issued).
  • Alun

    | 0 Posts

    23 Nov, 2020 14:45

    In short no, however it can be really quick and efficient in my opinion. Get the letter written with explanation, call the hearing and explain that there is no investigation due to the admittance discussed previously and hand over the letter. If at this stage he accepts then happy days, if he has questions you can answer them and if he disagrees you adjourn and go into investigation.
  • Andy Dodd

    | 0 Posts

    23 Nov, 2020 14:46

    In reply to Ann Simpson:

    Thank you Ann, i thought this also
  • Andy Dodd

    | 0 Posts

    23 Nov, 2020 14:48

    In reply to Alun:

    Thanks Alun , greatly appreciate
  • Keith

    | 0 Posts

    23 Nov, 2020 14:53

    In reply to Andy Dodd:

    I would never do the letter before the meeting.

    It fails to take into account any mitigation. ( even if you don’t Expect any)
  • David

    | 0 Posts

    23 Nov, 2020 15:29

    It's self evident, I think that any formal disciplinary warning should be the outcome of a formal disciplinary hearing and in compliance with ACAS Code. Otherwise would be denying due process / natural justice.
    It doesn't have to be a lot of rigmarole but IMHO it has to be done.
    If it's not done right, then usually no great matter 'cos it's action short of dismissal but if dismissal follows as a result of it, then it may well be challenged and found to have been flawed, so best get it right.
  • Andy Dodd

    | 0 Posts

    23 Nov, 2020 15:37

    In reply to David:

    Thanks David
  • Peter Stanway

    | 0 Posts

    24 Nov, 2020 07:11

    In reply to Andy Dodd:

    It is also about doing the right thing consistently
    I would also be exploring learning and genuine contrition.
    We have all seen children being made to say sorry who clearly do not mean it.