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Similaire à Discipline Discipline Discipline March 2010
Similaire à Discipline Discipline Discipline March 2010 (20)
Discipline Discipline Discipline March 2010
- 1. DISCIPLINE, DISCIPLINE, DISCIPLINE Angela Rhodes of Crispin Rhodes in association with Quality Personnel
- 29. COST IF YOU GET IT WRONG Basic Award (Maximum) £11,400 Compensatory Award (Maximum) £65,300 Additional Award (Maximum) £19,760 Total Maximum £96,460 Discrimination No limit
Notes de l'éditeur
- A disciplinary procedure is the means by which rules are observed and standards are maintained. It provides a method of dealing with any shortcomings in conduct or performance and can help an undisciplined or poorly performing employee to become effective again. The consistent application of a fair and effective disciplinary procedure will help to minimise disagreements about disciplinary matters and reduce the need for dismissals. Procedure needs to comply with the Employment Act 2008 and the new ACAS code of practice on disciplinary and grievance procedures. A breach of this Code of Practice could lead to a tribunal increasing or decreasing the award by up to 25%.
- Procedure needs to comply with the Employment Act 2008 and the new ACAS code of practice on disciplinary and grievance procedures. A breach of this Code of Practice could lead to a tribunal increasing or decreasing the award by up to 25%. Award may be reduced by 25% for an employee’s failure to reasonably follow the code of practice. Employees must be aware of procedures. Consider employees whose first language may not be English. Can invoke procedure at any stage at any time depending on nature of offence
- Procedure needs to comply with the Employment Act 2008 and the new ACAS code of practice on disciplinary and grievance procedures. A breach of this Code of Practice could lead to a tribunal increasing or decreasing the award by up to 25%. Award may be reduced by 25% for an employee’s failure to reasonably follow the code of practice. Employees must be aware of procedures. Consider employees whose first language may not be English. Can invoke procedure at any stage at any time depending on nature of offence
- SMC – Scotland and Milton Keynes Sales man who had three accidents in Scotland just got a ticking off. Sales man who had three accidents in Milton Keynes received a final warning and told he must pay any future excess.
- Right to be accompanied by a workplace colleague or an accredited trade union official. Colleague can refuse. You can refuse to allow a colleague if there is a conflict. TU Official even if don’t recognise TU. Cannot bring in anyone else.
- Very important to distinguish between an investigatory meeting the purpose of which is to establish facts and not to make any decision based on these facts, and a disciplinary hearing, the purpose of which is to determine whether there are grounds to impose a disciplinary sanction on the employee. Do not jump to conclusion prematurely Restrict activities to investigating the facts rather than making decisions based on facts Do not say or do anything that implies judgment of the employee’s actions or behaviour
- Need to give employee reasonable time to prepare and to find someone to accompany them if required. Can delay a hearing by up to five working days if appointment is not convenient for companion to attend.
- NOT MADE YOUR MIND UP LISTEN NEVER MAKE DECISION AT HEARING
- Onus on employer to reach a reasoned and reasonable conclusion on the balance of probability, rather than “beyond all reasonable doubt” Equal treatment – someone done something similar before? What happened to them?
- One year service plus – statutory right to written statement of reasons for dismissal
- Preferably adjourn overnight If giving time to improve, length of time depends on circumstances .... Production operative not producing enough items per hour may be given a week to improve whereas a manager whose department is not getting adequate results may be given six months. Beware with gross misconduct – is it really deliberate.......
- Three different grounds for appeal – facts, decision or the process
- Procedure needs to comply with the Employment Act 2008 and the new ACAS code of practice on disciplinary and grievance procedures. A breach of this Code of Practice could lead to a tribunal increasing or decreasing the award by up to 25%. Award may be reduced by 25% for an employee’s failure to reasonably follow the code of practice. Employees must be aware of procedures. Consider employees whose first language may not be English. Can invoke procedure at any stage at any time depending on nature of offence
- In these situations failure to follow procedure will lead to an additional penalty of between 20 and 50% on any award of compensation
- Compensation is comprised of three elements: the basic award that compensates for loss of job; the compensatory award that compensates for loss of earnings whilst the appellant looks for alternate employment and an additional award which is made when a recommendation of reinstatement (or reinstatement with a lesser penalty) is not accepted. Basic Award - MAXIMUM AWARD (currently £11,400) is calculated according to length of service (up to a maximum of 20 years) and the employee's age at the date of dismissal: 1/2 week's pay for each full year in which the employee was under 22; 1 week's pay for each full year in which the employee was over 22 but under 41; and 1 & 1/2 week's pay for each full year in which the employee was 41 or over. The pay is gross pay at the date of dismissal up to a maximum of £350 per week. Compensatory Award - MAXIMUM AWARD (£65,300) comprises three elements and is based on net pay for elements i & ii and gross pay for element iii : Loss of pay from dismissal to the date of hearing. This must be reduced to take account of any earnings or benefits received. Future loss of earnings. The Tribunal will take into account the age of the employee and the speed in which they are likely to find alternate employment in the area in which they live. It is usually awarded for either 13 or 26 weeks and again can be subject to reductions for earnings or benefits received. Loss of Pension. This compensates the appellant for loss of pension entitlement for the period from dismissal until the end of the future loss of earnings period. One of four formulae is used depending on appellant's employment status and whether in receipt of a pension at the time of award. Additional Award - MAXIMUM AWARD (£19,760) this is given where there has been unreasonable failure to reinstate. The award is based on gross pay for a period between 26 and 52 weeks with a maximum of £350 per week.