The Importance of “Fair Procedures” in Disciplinary Proceedings

25-02-10

When staff issues arise such as poor performance, misconduct, lateness, theft or other such breach of duties, it is imperative that Managers deal with such problems proactively and directly rather than fudge the issues or put off dealing with smaller problems which inevitably grow into much larger ones. Even if a serious incident arises where, on the face of it, the employee is clearly guilty i.e. effectively “caught with their hand in the till”, it is still imperative that managers are mindful of the need for adherence to the principle of “fair procedures” to ensure that disciplinary process is handled correctly and effectively. The following outlines some of the core principles which should be applied during an investigation or disciplinary hearing:

1. Fair Procedures/Natural Justice

The concept of “fair procedures” or “natural justice” must always be applied as part of a disciplinary investigation, to ensure that any process is managed correctly. Prior to any disciplinary investigation, a formal “investigation” process may be appropriate in order to gather facts and determine whether the issues require a formal disciplinary hearing.

2. Impartiality

Impartiality is essential. Staff who are under scrutiny for issues such as poor performance, lateness or misconduct are entitled to be judged without prejudice or presumption of guilt. An investigator must ensure they keep an open mind during the investigation process and ensure they do not make any comments which could indicate the outcome during the process.

3. Right of Reply/Due time for consideration

The staff member must have the opportunity to put forward their side of the story and be permitted to fully respond to any allegations against them.  All allegations must be put forward clearly, in writing, without ambiguity, ensuring the staff member has time to consider the issues and have sufficient time to prepare a response.

4. Right to Representation

If, following a full investigation, a staff member is required to attend for a disciplinary hearing, they must be afforded the right to support during the hearing process. Support normally takes the form of a work colleague or a close relative. The staff member may or may not take up this option, but it must be offered in writing in any case.

5. Right to Appeal Decision/Outcome of Disciplinary

Finally, following the outcome of a disciplinary hearing, the staff member must be afforded the right to appeal any sanction applied. The appeal procedure should be clearly outlined at the preliminary stage of any disciplinary procedure.

For further information on disciplinary procedures please contact HRP on 01 676 0006

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