First published on Thursday, June 4, 2020
Last updated on Tuesday, October 22, 2024
Running a business comes with its challenges, and one that every employer faces at some point is how to effectively discipline staff.
Discipline doesn’t have to mean being harsh or punitive; when handled correctly, it’s about guiding your employees to improve their performance and align with your company’s standards.
If done poorly, it can lead to low morale, staff turnover, or even legal issues. So, if you need immediate help on disciplining an employee reach out to our HR and employment law experts—who are available 24/7.
Here’s how you can maintain professionalism, stay within legal boundaries, and ensure that your business continues to thrive while managing employee discipline.
Set clear expectations from the start
Before you ever need to discipline an employee, it's essential that you’ve set clear expectations regarding behaviour, performance, and company policies. This means having robust contracts, employee handbooks, and induction processes in place.
Employees should understand what is expected of them in terms of conduct, and these standards should be reinforced throughout their employment.
Make sure your staff are familiar with your disciplinary procedure, and that this procedure complies with the ACAS Code of Practice on Disciplinary and Grievance Procedures.
This is important as employment tribunals in the UK take this code into account, and failure to follow it can lead to increased compensation awards.
Address issues early and informally
Minor infractions or performance issues are best handled informally in the first instance. If an employee is struggling or underperforming, have a conversation with them as soon as the issue arises.
Offer support, guidance, or further training if needed. Often, employees aren’t even aware that they’re falling short until it’s pointed out.
By addressing the issue early, you can often resolve it without having to escalate the situation to formal disciplinary action. This also fosters a culture of open communication and shows your employees that you’re invested in their growth.
Stay consistent and fair
Consistency is key to maintaining trust within your business. If one employee is disciplined for a particular behaviour while another is not, it can create resentment and damage morale. Ensure that the rules apply equally to everyone, regardless of their role within the company.
Being fair and transparent is not only a best practice for employee relations but can also protect you legally. Any appearance of bias or unfair treatment can open the door to claims of discrimination or unfair dismissal.
Follow a formal process when necessary
Sometimes informal conversations aren’t enough, and you may need to move to a formal disciplinary process. When this happens, it's crucial that you follow the correct procedure to protect yourself from potential legal challenges.
A formal disciplinary procedure generally involves:
An investigation: Gather all relevant facts, evidence, and testimonies to ensure a fair understanding of the situation.
A disciplinary hearing: The employee should be invited to a meeting to discuss the issue, with the right to bring a colleague or union representative.
A decision: After the hearing, carefully consider the evidence before deciding on any disciplinary action.
An opportunity to appeal: The employee should be given the right to appeal your decision, as per the ACAS code.
Disciplinary measures should be proportionate to the misconduct. For example, the early stages of repeated lateness may warrant a verbal or written warning, while gross misconduct (like theft or harassment) could lead to dismissal.
Document everything
Keep detailed records of any disciplinary actions you take, from informal discussions to formal warnings. If a situation ever escalates to an employment tribunal, having thorough documentation will be invaluable. Record dates, times, the issues discussed, and any agreed outcomes.
This level of documentation not only protects your business legally but also ensures transparency throughout the process. And having secure and unlimited cloud-based HR document storage makes this easy.
Provide support and training
While disciplining staff is sometimes necessary, the goal should always be to improve performance and prevent future issues. After a formal disciplinary action, offer support to help the employee improve. This could be additional training in the form of online e-learning, mentorship, or a development plan.
This shows that you’re willing to invest in their success and helps prevent them from becoming disengaged after the disciplinary process. It also demonstrates your commitment to developing your employees and can improve retention in the long term.
Handle dismissals carefully
In some cases, you may reach a point where termination of employment is the only option. If you do dismiss an employee, it’s critical that you follow the correct process to avoid legal repercussions.
In the UK, employees with at least two years of service have the right to claim unfair dismissal.
To avoid this, ensure that:
You’ve followed a fair and documented disciplinary process
The reason for dismissal is potentially fair, such as misconduct, poor performance, or redundancy
The employee has been given a chance to improve, if appropriate, and has been warned that dismissal is a possibility
Always seek legal advice before proceeding with a dismissal to ensure that you’re on solid legal ground.
Learn from every disciplinary situation
Every disciplinary situation is an opportunity to improve your business. Ask yourself whether the issue could have been avoided through better communication, training, or management practices. Use what you learn to prevent similar problems in the future.
Could expectations have been clearer? Could more support have been provided? Continually improving your processes will lead to a healthier, more productive workplace.
Get help when disciplining staff from BrightHR
Disciplining staff is never easy, but it’s a necessary part of running a successful business. By approaching discipline with fairness, consistency, and a focus on improvement, you can resolve issues before they escalate and create a positive work environment.
Following the right procedures, particularly in line with UK law, will help you avoid costly legal mistakes while maintaining a motivated and engaged workforce.Managing discipline effectively allows your business to grow stronger and your team to perform at their best.
To help you achieve this, consider using HR software that provides access to a 24/7 HR and employment law advice line to support you in effectively managing staff discipline—like BrightHR.
This resource can offer valuable guidance and expertise, ensuring that you navigate disciplinary issues in compliance with UK law while fostering a supportive and productive work environment.
By leveraging such tools, you can streamline your disciplinary processes and access professional assistance whenever the need arises, ultimately contributing to the overall success of your business.
Have a question?
Ask away, we’ve got lightning fast answers for UK business owners and employers powered by qualified experts.