Workplace Disciplinary Procedure in Ireland 2023 - A Guide

The Importance of Implementing Disciplinary Procedures in Your Company

In an ideal world, we would not need disciplinary procedures. However, life is complicated, people are complicated, and sometimes, the workplace can become complicated. No one wants to deal with disciplinary procedures, but failing to have the correct procedures in place can result in unfair dismissals, and could be costly to your business in the long run. It is also important for employees to be aware of the disciplinary procedures in place in your company.

Disciplinary procedures are a must-have for any employer to create a fair, efficient, and supportive work environment while maintaining high standards of operation, customer service, and health and safety. These procedures aim to address issues of misconduct, capability, competence, qualifications, or failure to meet company standards in a consistent and objective manner. Their purpose is not to punish, but rather to promote improvement in employee conduct.

Understanding Disciplinary Procedures

In order to maintain discipline and uphold standards, it is vital to have well-defined disciplinary procedures in the workplace. These procedures should be followed by all employees, ensuring fairness and adherence to principles of natural justice. They provide a framework for management to maintain acceptable standards and offer employees a fair and appropriate way to address issues related to poor conduct or behaviour. You need to pay particular attention to employee rights. It is crucial for all staff to be aware of the function and purpose of these procedures during their induction.

Guidelines and Best Practices

The Code of Practice on Grievance and Disciplinary Procedures serves as a guide for implementing disciplinary procedures and highlights the importance of fairness, consistency, and the right to representation. Employers should have a clearly defined disciplinary procedure in place, which all employees should be aware of. This procedure should include various sanctions and an internal appeal mechanism to ensure fairness and transparency.

Early Intervention and Positive Reinforcement

Dealing with performance or behavioural issues at the earliest opportunity is considered best practice. This approach ensures that employees understand the need for improvement and allows for positive reinforcement at an early stage. Informal counselling can be a valuable tool in addressing these issues effectively.

In order to maintain a positive and productive work environment, employers should take a coaching and advisory approach when addressing minor infringements and conflicts. This approach not only safeguards the morale and potential of employees, but also promotes the effective resolution of issues.

Informal counselling is a recommended method for addressing incidents of minor misconduct or below-par performance. Instead of immediately resorting to disciplinary action, employers should initially engage in discussions with the employee, offering guidance on how to improve.

It is important to emphasise that counselling employees should be seen as a normal part of a manager's or supervisor's role, rather than a strictly punitive measure. The goal is to facilitate growth and development, rather than to simply reprimand.

However, if an employee fails to meet performance or conduct standards within the specified timeframe, or if there is no significant improvement, the formal disciplinary procedure may be invoked.

Understanding the Stages of the Disciplinary Procedure

Employers may have different stages within their disciplinary procedures. In Ireland, the most common stages are as follows:

1 – Verbal Warning:

When an employee's work, conduct, or attitude becomes unsatisfactory, their manager will provide a verbal warning. This warning will be documented in the employee's personnel file.

2 – Written Warning:

If the employee's behaviour or performance remains unchanged, or if another incident occurs requiring disciplinary action, the manager will issue a second warning. This warning will be provided in writing to the employee and a copy will be kept in their personnel file.

3 – Final Written Warning:

If there is no improvement or further incident after the previous warning, the employee will be given a specific period of time to enhance their performance. They will be informed of the consequences if no improvement occurs or if another incident arises. This written warning will be issued to the employee and a copy will be retained in their file.

4 – Demotion, Suspension, or Dismissal:

If the employee fails to improve within the specified time limit or there is evidence of further misconduct, management may choose to suspend or dismiss the employee, as deemed necessary.

Understanding Gross or Serious Misconduct

Gross or serious misconduct refers to behaviour that severely undermines the trust between an employer and their employee, ultimately damaging the working relationship. This type of misconduct may warrant immediate termination.

Examples of Gross or Serious Misconduct

Here are some examples of actions that fall under the category of gross or serious misconduct:

• Violation of the Honesty Policy.
• Failure to comply with Safety and Health Regulations.
• Breach of policy on illegal drugs/substance abuse.
• Negligent use of equipment or unsafe working practices.
• Making or supporting false allegations.
• Serious bullying, harassment, or sexual harassment.
• Abusing company policies/procedures.
• Proven theft, fraud, or attempted theft or fraud.
• Engaging in criminal acts.
• Physical assault or fighting.

Dealing with Gross Misconduct

When gross or serious misconduct occurs, management will conduct a thorough investigation. The employee involved may be suspended during this investigation. If found guilty, the employee may face the following consequences:

• A final warning.
• Demotion (if applicable).
• Suspension from duty without pay.
• Termination of their employment.

The Importance of a Disciplinary Procedure

Every employer should have a clearly outlined disciplinary procedure in place that explains the grounds for disciplinary action. It is crucial for employers to ensure that all employees have received a copy of this procedure and acknowledged it.

Having a disciplinary procedure provides employers with confidence in effectively managing disciplinary issues. When implemented correctly, it promotes fairness by treating all employees equally in disciplinary matters, thus eliminating any ambiguity or claims of unfair treatment.

Conclusion

The Code of Practice on Grievance and Disciplinary Procedures mandates that every employer must implement a disciplinary process to maintain high standards in operations, customer service, health and safety, and uphold a fair, effective, and compassionate working environment.

Rather than being punitive, the disciplinary procedure should serve as a means of motivating employees to improve their behaviour when they fall short of required standards.

It is crucial to establish a fair and transparent disciplinary process that clearly defines the roles and responsibilities of both management and employees within the company.

All employees should perceive the disciplinary procedure as fair, and be aware that fair procedures will be applied in the event of an issue.

If you would like to learn more about the disciplinary procedures, or if you are interested in finding out more about how you can enhance the relationship between your organisation and its employees you can contact us using the form below.