2. ESTABLISHING A DISCIPLINARY PROCEDURE
The purpose of a disciplinary procedure
Workers need to know what standards are expected of them and what is likely to happen if those standards are not met. It is not appropriate to discipline someone who was not aware that their behaviour was against the rules:
Ms Goudie was dismissed for unacceptable misuse of the employer’s computer facilities. Her employer had never made it clear that there was a policy against personal use, so her dismissal was unfair.
RBS v Goudie EAT/0693/03
The Acas Code emphasises that a disciplinary procedure should not be used by employers primarily as a means of punishing employees but rather as a way of helping or encouraging improvement in performance or conduct.
The Acas Code requires employers to help all employees and managers to understand what the rules and procedures are, where they are found and how they are used. This means an employer must make sure:
• rules are written using simple clear language;
• rules are understood by all — including those whose first language is not English and young workers without previous work experience;
• appropriate information, training and signage is provided on what is and is not allowed by the employer. For example, training could be part of an induction package, with refresher courses where appropriate. In some cases, simple reminder mechanisms can be used (for example, automated reminders of the employer’s email policy); and
• training must be provided to the managers responsible for implementing the rules.