Disciplinaries have got to be the worst part of a Manager’s job, second only to delivering redundancy news. I haven’t worked with anyone who has looked forward to or enjoyed being part of disciplinary procedure. It’s long, complicated, uncomfortable and it’s a drain on time and resources. Disciplinaries take key staff away from things that serve the business in a much more positive and productive way. So how do we avoid them?
I often get calls from clients who work with us on a retained basis who have an emergency or an urgent people issue that has escalated and now they want to ‘get rid’ of the person at the centre of it! In some ways the clients that have been with me a long time may dread making this call, as hard as I try I will often end up saying “why didn’t you ring me earlier?”
Unless it is a completely out of the blue case of gross misconduct, a high number of disciplinaries could be avoided. I’m a big advocate of preventative action or as I like to call it ‘nipping things in the bud’. There are three main ways to avoid disciplinaries which include tackling issues quickly, being prepared to have those difficult conversations and treating your employees like adults.
Preventing or de-escalating potential situations that could lead to disciplinaries is easier than you think.
As an employer what do you need to know?
If you are in the UK then having a disciplinary process is a legal requirement and needs to be referenced in your contracts of employment. The simplest way to ensure you are legally compliant is to adopt the standards set out by ACAS and adopt their policy. Your policy should set out how you as the employer would handle a disciplinary.
There are a number of key steps; informal action, formal action or dismissal. The disciplinary hearing should include an opportunity for the employer to outline their allegations and for the employee to explain their side of the story and any mitigating circumstances. The employee should also have the right to representation and the right to appeal the decision.
The policy should include examples of what performance or behaviour might lead to disciplinary action and the consequences.
And this may be where the problems could start.
Treating employees like adults
There is lots of psychology about why we do things when we are told not to. Don’t walk on the grass, don’t drop your ice-cream, don’t press that big red button. Often we hear the instruction but not the “don’t”.
So you start a new relationship with a new employee. And you give them your disciplinary policy which is all the ways they can get into trouble or be sacked. It feels unhealthy, negative, like I’m being treated like a child.
What if instead of starting with a list of “don’ts” we start with a list of “do’s”. Why not start with a conversation about the company culture, values and standards? If we strive for good quality and high standards we shouldn’t need to tell most employees that fighting in the workplace or stealing is a sackable offence.
In 2013 (I know but I couldn’t find a more recent study!) Personnel Today published “11 most common issues raised at a disciplinary”
1. General Misconduct
2. Poor performance / capability
3. Poor timekeeping
4. Unauthorised absence
5. Misuse of email, internet or social media
6. Bullying & Harassment
7. Theft or fraud
8. Health and safety breaches
9. Violence in the workplace
10. Substance misuse
11. Discrimination
From my experience of disciplinaries in the last 12 months I would add “running side hustles in company time / misuse of company resources” as I’ve seen a number of examples of this.
So how do we avoid getting to disciplinaries:
1. Set our standards and talk about them regularly.
No, I don’t mean updating the gross misconduct section of your disciplinary policy. I mean talking regularly as a company about what you are aspiring to be and how you get there. This means having conversations as a team about your values, your aspirations for the business, the company brand. How would you like your team to talk to your customers? Formally? Is there a script to follow? Informally and friendly? What does good quality work look like and what isn’t good enough? What are your standards about timekeeping? Do you want people to be physically present and looking busy or are you more interested in output? Most conflict can be avoided by clearly setting out your expectations from the outset.
2. Build a relationship with your team.
Get into the habit of having conversations and regularly giving feedback, highlighting behaviour that is aligned to your organisation’s values and also feedback on actions that don’t fit the business or meet required standards. It shouldn’t then feel like a ‘telling off’ for the individual or an awkward conversation for you. Make sure you use examples when giving feedback.
3. Early intervention;
When you see examples of behaviour or attitudes in the office that aren’t in line with your standards and values, discuss them immediately. It is more likely to manifest in small examples which should be addressed quickly and don’t’ wait for things to escalate. You don’t need to publicly humiliate or make an example of someone but pick it up straight away and have a conversation about it. Ignoring unwanted behaviour is the same as condoning it. What you don’t challenge you accept. So be clear at all times.
4. Be careful with office banter.
I don’t want to sound like the fun police but think about it and be aware of your team. That joke you just told, did it go a bit too far? Did someone not laugh or look offended? Don’t give people reasons to be unhappy.
5. Be consistent.
It is natural to have different relationships with people on your team, you may just have more in common with someone. Do you have a favourite and is it obvious? Are you fair and consistent in your behaviour? Or does someone ‘get away’ with things because they always hit their performance targets? Be consistent with each person otherwise you could cause friction and problems within your team.
6. Keep your records up to date.
If you have spoken to someone informally about their conduct at work make a note of when you spoke to them and what was discussed. It’s useful to back and check your facts.
Easy ways to have difficult conversations
Here’s a simple exercise you can do with your team to start the conversation:
I like to use real life examples or stories to see how people react. Try these scenarios with your team and see where they stand………
Scenario One
“I have a team of people who work from home. One of the managers complained about a member of his team being away from their desk because it had started raining and they had nipped outside to get their washing in. Another employee mentioned that they also do housework during the day whilst they were working from home. What is acceptable?
Scenario Two
Two employees worked and got paid for the same number of hours per week. At lunchtime one of the employees always took their full lunch to go to the gym, the other stayed at their desk. Is one working harder than the other, is there a perception or judgement around who was available and who wasn’t.
Communicating your values and expectations clearly
Ultimately a disciplinary is the result of a member of the team failing to meet the expectations placed on them, either in terms of their behaviour or their performance. Each person in a conflict has unmet expectations. Have you communicated your expectations clearly to your team? Do they know what types of behaviour are expected from them? While you may think or feel a conflict is all about whatever the other person is or is not doing, the first step towards a successful resolution is understanding what is going on for you that is creating this conflict. People will have different views and judgements which is why it is always worth having the conversation and hopefully being clear what is acceptable and what isn’t.
Please remember that investing small pockets of time being a great manager is much easier than having to wipe your diary out for several days to conduct an investigation to hear a disciplinary case so make your life easier for yourself.
If you need help or more information equipping your or your people managers with the skills to avoid disciplinaries please get in touch hr@pennyjoneshr.com
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