Disciplinary penalties

Most disciplinary procedures impose progressively more serious penalties, depending on whether the employee has committed a first offence or a repeat offence within a set period.

A verbal warning may be given in the first instance. If an informal procedure allows for a verbal warning, it should specify that it does not form part of the disciplinary record, and must be disregarded in any future disciplinary action.

The Acas Code (para 20) says that the usual first step in the formal procedure will be a written warning.

When given the warning, the employee should be informed in writing of:

• the nature of the misconduct or poor performance and what the employee must do to change behaviour or improve performance required (with a timescale);

• what is likely to happen if the employee fails to change the behaviour;

• that the warning is part of a formal disciplinary process;

• that it is to be disregarded for disciplinary purposes after a specified period (for example, six months);

• that the employee may appeal against the decision (with a timescale for appeal);

• that it will be reviewed, and if so, when;

• the criteria the employer will use to test whether the worker has met the required standard; and

• the support, including training, to be offered, preferably naming the manager responsible for providing it and giving a timescale in which it is to be provided. Reps can help monitor this and make sure any promised support and training materialises.

It is crucial that any targets set by the employer are realistic and achievable by the employee within the period of time laid down. Representatives need to challenge unrealistic targets, as they make it much easier for employers to dismiss employees who then fail to make the desired improvement within the specified period.

Consider arguing that the period of time allowed to meet the performance target should match the time span of the warning, so that members do not have the threat of further disciplinary action hanging over them once they have met the required target.