procedures. It is also important to help employees and managers understand what the rules and procedures are, where they can be found and how they are to be used. Rules and performance standards Clear rules benefit employees and set standards of conduct. They also help employers to act fairly and consistently. Employers should also set standards of performance so that employees know what is expected of them. This is usually done as part of an organisation’s performance management which will involve agreeing objectives and reviewing performance on a regular basis.
12 What should rules cover? Different organisations will have different requirements but rules often cover such matters as: ● ● timekeeping ● ● absence 1 ● ● health and safety ● ● use of organisation facilities ● ● discrimination, bullying and harassment ● ● personal appearance ● ● the types of conduct that might be considered as ‘gross misconduct’ (see p32). How should rules be drawn up and communicated? Rules are likely to be more effective if they are accepted as reasonable by those covered by them and those who operate them. It is good practice to develop rules in consultation with employees (and their representatives where appropriate) and those who will have responsibility for applying them. Unless there are reasons why different sets of rules apply to different groups they should apply to all employees at all levels in the organisation. The rules should not discriminate on the grounds of sex, transgender, marital or civil partnership status, racial group, sexual orientation, religion or belief, disability 2 or age 3 . Writing down the rules helps both managers and employees to know what is expected of them. The rules should be made clear to employees. Ideally employees should be given their own printed copy of the rules or written information about how to access them – eg on the organisation’s Intranet or in their handbook. Employees are entitled to a written statement of employment particulars which must include a note about disciplinary rules and procedures 4 . In a small organisation, it may be sufficient for rules to be displayed in a prominent place. See Appendix 1 for a checklist ‘Disciplinary rules for small organisations’. Special attention should be paid to ensure that rules are understood by any employees without recent experience of working life (for instance young people or those returning to work after a lengthy break), and by employees whose English or reading ability is limited or who have a disability such as visual impairment.
KEYS TO HANDLING DISCIPLINARY PROBLEMS IN THE WORKPLACE 13 2 Why have a disciplinary procedure? A disciplinary procedure is the means by which rules are observed and standards are maintained. The procedure should be used primarily to help and encourage employees to improve rather than just as a way of imposing punishment. It provides a method of dealing with any apparent shortcomings in conduct or performance and can help an employee to become effective again.
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- Fall '16
- Farah Nabilla
- representative, disciplinary problems, acas code