Geoffrey Caesar, Solicitor

Employee misconduct is a serious issue that can damage an organisation’s reputation, productivity and morale. It can also expose the employer to legal risks if not handled properly. Therefore, employers must have transparent and fair policies and procedures for employee misconduct and disciplinary actions.

What is employee misconduct?

Employee misconduct is any behaviour or action that breaches the organisation’s rules, standards or expectations. It can range from minor offences, such as being late or using inappropriate language, to significant offences, such as fraud, violence or gross negligence.

Some examples of employee misconduct are:

• Bullying or harassing colleagues, customers or clients.
• Refusing to follow reasonable instructions or perform duties.
• Being absent without permission or notification.
• Misusing company resources or property.
• Breaching confidentiality or data protection.
• Falsifying records or information.
• Engaging in illegal or unethical activities.

What are disciplinary procedures?

Disciplinary procedures are an employer’s formal steps to address an employee’s misconduct or poor performance. They are designed to help the employee improve their behaviour or performance and to protect the employer’s interests and rights.

Disciplinary procedures should follow the principles of natural justice, which include:

• Giving the employee a fair and reasonable opportunity to explain their side of the story.
• Providing the employee with clear and specific details of the allegations and evidence against them.
• Allowing the employee to be accompanied by a colleague or a trade union representative at any formal meetings.
• Applying consistent and proportionate sanctions for similar offences.
• Giving the employee a right to appeal against any disciplinary decision.

What is the role of ACAS in disciplinary procedures?

ACAS stands for Advisory, Conciliation and Arbitration Service. It is an independent body that provides guidance and advice on employment matters, including disciplinary procedures. ACAS also offers conciliation services to help resolve disputes between employers and employees.

The ACAS Code of Practice on Disciplinary and Grievance Procedures sets out the minimum standards of fairness and good practice that employers and employees should follow when dealing with disciplinary issues. The code is not legally binding, but employment tribunals will consider it when deciding whether a dismissal or other disciplinary action is fair or unfair.

The ACAS Guide to Discipline and Grievances at Work provides more detailed information and examples on handling disciplinary situations in the workplace. The guide covers topics such as:

• How to conduct investigations, hearings and appeals.
• How to deal with different types of misconduct, such as theft, dishonesty, and violence.
• How to deal with capability or performance issues.
• How to deal with suspensions, warnings and dismissals.

The ACAS website also offers online tools, templates and training courses on disciplinary procedures.

Why is it essential to follow ACAS procedures?

Following ACAS procedures can help employers and employees resolve disciplinary issues fairly, consistently and constructively. It can also help to prevent or reduce the risk of legal claims, such as unfair dismissal, discrimination or breach of contract.

Under UK employment laws, non-compliance with ACAS procedures is a breach of statutory duty. This means that employment tribunals will treat a failure to follow ACAS procedures as evidence of unfair dismissal unless there are exceptional circumstances. Employment tribunals can also increase or reduce the compensation awarded to an employee by up to 25%, depending on whether the employer or the employee unreasonably failed to comply with ACAS procedures.

Therefore, employers need to familiarise themselves with ACAS procedures and follow them whenever they need to deal with employee misconduct or disciplinary actions.

If you require an ACAS-compliant disciplinary or grievance policy, contact me for a fixed cost quote for me to draw up a policy designed for your business.