Discipline and Grievance Issues

2. Setting the Rules

2.1 Identify the areas in which you need disciplinary rules. Typically these will be:

• Work performance, including sub-standard work.
• Attitude and attendance issues such as slacking, poor timekeeping, absenteeism, negligence and reckless disregard for safety or hygiene regulations.
• Theft, including pilfering and fraud.
• Offensive behaviour, including abuse, harassment, discrimination and violence.
• Inappropriate behaviour, including drinking, drug-taking, gambling, smoking in prohibited areas or, inappropriate dress.

2.2 Decide how you are going to classify different offences. In many small companies, this will involve using three categories:

• Minor offences.
• More serious misconduct.
• Gross misconduct.

2.3 Determine what constitutes misconduct - ie behaviour that is unacceptable to you or unacceptable in the context of work.

• You may want to spell out rules completely banning gambling, cash collections and the distribution of political literature, or enforcing a 'clear desk' policy.
• But many rules will be matters of degree.

2.4 Define what acts are so serious that they constitute gross misconduct - entitling the employer to jump straight to the final stage of the disciplinary procedure at which the employee risks dismissal without notice (after proper investigation, an opportunity to explain, and the application of other fair procedures).

• Typical offences are dishonesty, theft, taking bribes, gross insubordination, abuse of drink or drugs, using someone else's password, introducing viruses into the company's computers, downloading Internet pornography, sending malicious emails, and racial or sexual harassment.
• Particular industries and companies will have their own sacking offences.
• Beware of jumping to conclusions. You cannot sack an employee who has been charged with theft or other criminal acts committed outside work without your own investigation. The fact that an offence is listed in your handbook as gross misconduct is not conclusive. A tribunal will decide for itself whether the offence was 'gross' and if the employer's response was reasonable.