What is a disciplinary at work?

You work hard to make sure all your employees are happy and productive at work. But sometimes, an employee's behaviour can throw a wrench in the whole operation. When this happens, you may have to take disciplinary action.

Disciplinary at work refers to the process you take to address an employee’s misconduct, poor performance, or violation of company policies. It’s a formal procedure designed to correct behaviour that is not meeting expectations and ensure that all staff members adhere to the standards required for a productive and respectful workplace.

For UK business owners, managing disciplinary issues fairly and in line with employment laws is crucial for maintaining a healthy working environment and avoiding legal risks. That’s why for any assistance with workplace disciplinary issues, our 24/7 employment law advice line is at your service.

Knowing what constitutes a disciplinary issue and what disciplinary actions you can take, is the first step to understanding how to handle a disciplinary at work—so let’s get into it.

What are disciplinary issues?

Defining workplace disciplinary issues can be a complicated matter, but they usually involve cases of employee misconduct. This refers to any action by an employee that violates your workplace rules.

Addressing misconduct can prove challenging, as the appropriate course of action may differ depending on the severity of the situation. You should identify what you consider to be inappropriate behaviour and whether it requires further disciplinary action.

To help you identify disciplinary issues, we’ve broken down some types of employee misconduct.

Misconduct that could warrant a disciplinary

There're countless actions that could justify a disciplinary at work, from minor to gross misconduct, but here are some examples:

• Theft or fraud

• Discrimination

• Poor performance

• Violence while at work

• Using inappropriate language

• Misuse of confidential information

• A serious breach of health and safety rules

• Wearing incorrect or inappropriate clothing

• Persistent lateness and unauthorised absence

• Misuse of computer equipment, emails, and internet

• Being under the influence of drugs or alcohol while at work

• Failure to follow instructions from a manager or supervisor (insubordination)

Regardless of the severity of the misconduct, in most cases, employee misconduct will require you to take corrective disciplinary action.

What is disciplinary action?

The aim of disciplinary action isn’t simply to punish the employee, but to address and correct the behaviour or performance issue. It allows the employee the opportunity to improve, while also ensuring the company maintains order and upholds standards.

There're various forms of disciplinary action that you can take when responding to employee misconduct. This may involve addressing issues such as rule violations, poor performance, or improper behaviour.

While the forms of disciplinary action can vary, it's important to distinguish between informal and formal actions and respond accordingly to each.

Types of disciplinary action you can take

Disciplinary action can take many forms, depending on the severity of the issue and whether the employee has received previous warnings.

It's advisable to start with informal actions when addressing minor misconduct. And it may be enough to resolve the issue without taking formal disciplinary action. If there is further misconduct you may have to perform formal actions.

Common forms of disciplinary action include:

Letter of concerns

For minor issues or first-time infractions, a letter of concern may suffice.  A letter of concern is used to confirm a non-formal conversation that you’ve had with your employee, letting them know there are some concerns with their behaviour or performance, which will continue to be monitored.

Verbal and Written warnings

If the problem persists or the issue is more serious, a verbal or written warning may be necessary. This formal document outlines the specific issue, what improvements are needed, and what further action could be taken if the issue is not resolved.

Final written warnings

A final written warning is usually issued if previous warnings have not been heeded or if the behaviour is serious enough to warrant the final step before dismissal. It makes it clear that failure to improve will result in termination.

Loss of position or privileges

A more severe action would be demotion if the misconduct is serious or persists, and a lesser penalty may be a loss of privileges, such as bonus pay or special parking permits.

Loss of salary

Like a loss of privileges, more serious misconduct may call for a reduced salary. However, if this is done as a disciplinary action, it would need to be specified in a disciplinary policy. As you could be at risk of unlawful deduction from wages or a breach of contract.

Suspension

In cases of serious misconduct or violations of company policies, you may decide to suspend your employee. This is where you temporarily remove the employee from their job duties for a set period of time, allowing you to manage the situation without immediate disruption to the workplace.

Dismissal

Dismissal is the most severe form of disciplinary action and is the last form of disciplinary action you can take. Typically for gross misconduct or repeated failure to meet company standards. In the UK, dismissing an employee must be done carefully, following the correct legal procedures to avoid claims of unfair dismissal.

You have diverse options at your disposal to address any unacceptable or improper behaviour from your employees.

With these disciplinary actions in mind, it's important to remember that you should put your disciplinary procedures in writing. This should include a written statement with clear steps for each stage of the disciplinary process and be easily accessible to all employees.

The disciplinary process

It's important to create a comprehensive disciplinary process that your employees and managers can refer to for guidance. Start with written company policies, rules, and expectations, to ensure that everyone is aware of what is expected of them in the workplace.

Without clear guidelines, disciplinary procedures become ineffective as employees may not be aware of what warrants disciplinary action.

While every business may have a different process, there're key components of a formal disciplinary procedure you should follow:

• The disciplinary investigation

• The disciplinary hearing

• The disciplinary decision and outcome

• The disciplinary appeal process

You may create your own disciplinary procedures from scratch or use a disciplinary procedure template.

When creating your process, you should follow the ACAS code of practice on disciplinary and grievance procedures, to ensure fair procedures are put in place.

For more information, see our step-by-step guide to the disciplinary procedure.

What are the UK laws on fair disciplinary at work?

In the UK disciplinary actions must comply with employment law to avoid claims of unfair or wrongful dismissal. And following the ACAS code of practice is crucial.

Although you’re not legally mandated to follow the Code, it's essential for all employers to establish a fair procedure. As employment tribunals will consider whether this code was followed when assessing any disputes.

So, it’s best practice to:

• Have a clear disciplinary procedure in place, as outlined in employee contracts or the company handbook

• Apply disciplinary measures consistently to avoid claims of unfair treatment or discrimination

• Keep detailed records of all disciplinary actions and the reasons for them to protect your business if legal action is taken

Disciplinary action at work is a structured process that allows you to address employee issues in a fair and consistent way. By following clear procedures and UK employment laws, you can maintain a respectful and productive workplace, while giving employees the chance to correct their behaviour and contribute positively to the business.

Get help with disciplinary at work from BrightHR

While it’s never comfortable addressing employee misconduct, having a sound understanding is crucial to handle the situation effectively.

However, even after following a fair disciplinary process, there may be some pitfalls. These may include legal implications, employment tribunal procedures, or low employee morale, which can cause problems in the future.

BrightHR has the resources available to help, from your own expert HR and employment law advice team—who are available 24/7—to our award-winning HR software.

Discover more by booking your free demo or us today on 0800 470 2432.