In principle, applying the disciplinary process sounds straightforward, doesn’t it?
Investigate, put your allegations in writing, offer a support person, meet and hear your employees’ responses, decide the outcome. As a leader you may have done this many times and feel confident you know what to do.
But…..what happens when something derails the process and the straightforward becomes the complex? All with high risk attached.
More and more often we are seeing instances where someone puts a spanner in the works of the disciplinary process.
Counter claims, formal complaints, mental health issues.
These can all be raised and can quickly derail your disciplinary process.
Suddenly it all seems so complicated and becomes a mess.
So, what do you do when these unplanned actions threaten to knock your process over?
Here is our advice on a couple of common issues.
“I’m being bullied”.
Bullying is serious and not something you want in your organisation. It can also be raised during disciplinary processes as an explanation for behaviour. But just because it has been raised, it doesn’t necessarily mean that it is true or that it provides justification for the behaviour.
In these circumstances we suggest pausing the process and establishing if your team member would like to raise a formal complaint.
This separates the disciplinary process and bullying allegation so each can be viewed separately. If so, the bullying allegation should be investigated independently from the disciplinary process that is in train. This allows you to investigate the allegation separately and to establish if it has validity. Once the bullying investigation has been completed, and depending on the outcome, you can recommence the disciplinary process. You will then be confident as to whether the allegation is an issue to be considered or simply an excuse.
“I don’t feel safe”.
Psychological safety at work is important, but it doesn’t mean that you can’t have tough conversations or address poor performance. The first step here is to ask what you can put in place to help them feel safe. It may mean having a specific support person present or utilising an EAP service to prepare. You should ask what support the person needs to feel safe. But don’t back away from the need to have the conversation.
Employees also have a responsibility of good faith, which does mean being communicative, honest and attending meetings when they are requested to. It may progress to having to remind them of this and taking a stronger stance around the need to meet. However, if you do what you can to support them in the first instance, you will be on solid ground if you need to go down this path.
“I need time off for mental health reasons”.
If someone has a medical reason they can’t be at work, you do need to give them the space to heal and return when they are medically cleared. If you are faced with this, pause any disciplinary process you have going on, ask them for a medical certificate stating when they will return, and then allow them this time, uninterrupted, to recover.
As an employer you have a responsibility to minimise risks to your employee’s mental health as far as practicable. This doesn’t mean you can’t address issues. However, when they return, we suggest carefully taking it step by step as your return to the disciplinary process.
Think about these things:
- Be observant. Do you notice signs of stress or anxiety? If so, take a break, back off a little and give them space to return to a good place.
- Be approachable and make sure support is available. Do you have an EAP service they can utilise? Have you created an open environment where they can tell you, without fear of repercussions, if they are struggling?
- Be adaptable. Consider changing tack if it is appropriate. Can you start with a development plan rather than a Performance Improvement Plan? Is there another way to approach the situation?
- Use good medical advice. If your employee is getting advice from a medical professional, consider asking them for their opinion on avenues to proceed with the disciplinary process safely. Then pursue those options.
Each of these situations requires delicate handling, empathy and care. But it doesn’t mean that you cannot proceed with the process. Of course, there will need to be careful consideration around the balance between mitigating risk, business requirements and employee well-being.
Remember every situation is different.
It is true to say that in any employment relations situation, the predominant colour is grey. This is certainly more the case in complex disciplinary cases that get muddied when new variables are suddenly introduced. It can all feel very confusing and hard to see a way through to a clear conclusion.
There is a way through such complexities. It requires solid experience, sensitivity and a steady head to find a way forward.
Positive People have over 30 years’ experience supporting businesses to navigate tricky Employment Relations issues. Call us now on 0800 00 00 49 for clear advice and support.