Why all businesses should have a strong disciplinary process

No business deliberately or knowingly recruits a member of staff who is likely to deliver an unacceptable standard of work or has a poor attitude or work ethic.

But the reality is that sometimes – and for all sorts of reasons that aren’t always to do with the employee themselves – organisations find themselves having to deal with poor performance.

It’s at these times that it’s vital to have a well-structured, well-considered and legally fit-for-purpose disciplinary procedure.

Having a disciplinary process that isn’t robust enough to deal effectively with problems when they arise presents a significant risk to both the employer and the employee.

For the employer, there is the potentially negative impact of poor performance (and ineffective measures to deal with it) on their workplace culture, reputation, and finances.

For the employee, there is a risk that they are not given the support, opportunity and education or training that allows them to address the problem and become a valuable and productive member of the team.

Here are some of the key risks associated with a poorly managed disciplinary process:

Legal Challenges: A weak disciplinary procedure can lead to legal challenges from employees who feel that they have been treated unfairly. This can result in costly lawsuits and negative publicity, resulting in damage to your employer brand – especially if the case goes public.

Decreased Morale: Poor disciplinary procedures can erode employee morale and increase absenteeism, as employees feel that their rights are not being respected and their grievances are not being addressed.

Decreased Productivity: A lack of clear guidelines for disciplinary procedures can lead to confusion and decreased productivity, as employees are unsure about what behaviour is expected of them and what the consequences of poor performance will be.

Damaged Reputation: Poorly managed disciplinary procedures can harm an organisation's reputation, particularly if they result in a high turnover of staff, as other employees and potential candidates may view the company as a difficult place to work.

Financial Costs: The costs associated with poor disciplinary procedures can be significant, including the cost of legal fees, compensation to employees, and the cost of replacing staff who leave.

Disciplinary Processes and Your Employees

In many cases an employee may not even be aware that they are underperforming. Missed targets or failure to achieve development or productivity goals may be missed because they are working in the wrong way, have not received the correct training or lack supervision.

A strong disciplinary process should provide a structure that allows both the employer and the employee to work together to identify what the problem is, what has caused it, what needs to be done to address it, and what support is needed for the employee and/or employer to make any necessary changes in working practice.

Encouragement, not punishment

It is important to note that a well-structured disciplinary procedure should not be seen as a means of punishing employees but rather as a tool to help them improve their performance.

A well-designed procedure will provide clear guidelines for employees on what behaviour is expected of them, what the consequences of poor performance will be, and the steps that will be taken to support them in improving.

Employers should also be mindful of the importance of consistency in their disciplinary procedures. This means that similar incidents should be dealt with in a similar manner and that employees should be treated equally, regardless of their role or seniority.

A lack of consistency in disciplinary procedures can lead to confusion and resentment among employees, further damaging morale and productivity.

It’s also important to provide employees with appropriate support during the disciplinary process. This may include providing them with access to counselling services or offering them training opportunities to help them improve their performance.

The benefits of a structured disciplinary process

In addition to the risks associated with poor disciplinary procedures, there are also benefits to having a well-structured procedure in place.

A well-managed disciplinary process can help to maintain a positive workplace culture, increase employee engagement and productivity, and reduce the likelihood of disputes and legal challenges.

By avoiding the risks associated with poor disciplinary procedures and benefiting from a well-structured procedure, employers can create a positive and productive workplace culture, protect their reputation, and ensure the fair treatment of all employees.

If you’d like to know more about how Constantia Consulting can help you to identify and implement robust and effective disciplinary policies and processes, please get in touch for an informal chat.