Some deep thoughts about naughty people: the fundamental principles of disciplinaries

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If you’re interested learning more about this topic, we have courses: for example, how to handle difficult allegations , or you can find the full range here).

Managing misconduct and issuing warnings is a very large and complex topic, and different countries have different rules, and different organisations have different processes.  So while this allows me to ‘cop out’ and not give you specifics, it also allows us to take a big picture perspective.  If some things seems odd, rushed, generally not right, or (and this is more likely) the employee is signalling that they think this is not fair, then take a step back and check whether you in line with these principles.

Listen here for how sometimes we act with what we have, not what we’d like.

With power comes responsibility

Losing your job is more impactful than losing an employee.  You do have the right to dismiss, but the courts require that you do so fairly.  So a lot of responsibility lies on you to get it right.  This can be easy to forget- people come a go.  But remember what’s at stake for them:

-        Their capacity to pay the bills.  mortgage, rent, power and so forth.

-        Their esteem to others.  What will their partner, parents, children, friends think if they lose their job?

-        Their sense of self worth, and confidence.  Getting fired is a life changing blow to the ego.  Some will get over it quicker than others, but no one ever forgets.

Read here for more on who has the decision-making power.

You need the full picture of what may have happened

Before you make a decision, you need have the full picture of what may have occurred.  This means that you need conduct a full, fair, and thorough investigation of what went on, and not proceed with part, or most, of the relevant information.

Read here for more about one of the more common causes- arguments, or swearing.

You need to put all of that to the employee with an open mind. 

Decisions can’t be made without the employee’s input.  You need to hear their side of the story, but also they need to know all the facts you are considering.

Read here on HR can be a judge.

Listen here for my favourite rule of thumb for understanding why people did what they did.

No surprises, no withholding, no ambush. 

It can be very tempting to keep information to yourself, to catch the employee by surprise with the quick meeting, to keep some cards to yourself, but don’t.  Also (with few exceptions) you cannot rely upon anonymous sources- the employee needs all the information necessary to fairly defend themselves, and often this means it is impossible to provide anonymity to the victim, and neither to any witnesses.

Read here for a discussion on mediation.

A common critique I make is ‘that’s a bit of an ambush isn’t it?’ by which I mean- I think the employee walking into the room has less of an idea of what is happening than the employer, which is an unfair and unjust advantage in a situation that is already stacked. If the employee doesn’t fully know what really going on, its only fair if that is because they didn’t bother to read the letter.

Read here for more on how managers can blow hot and cold.

Listen here for the problems of ambushes.

They must be able to bring support

The opportunity to have a support person or representative is critical.  They don’t have to have one, and you don’t need to provide unlimited time for them to find one, but they do need a fair opportunity to find one.

Read here for how representatives can be help, or hinder.

They need to know the problem you may have with the allegations, and where this could go

Similar to ‘no surprises’ above, the employee needs to be fully informed of what you are concerned may have happened, why you are concerned, and what the penalty might be.  Whether a warning or dismissal, this needs to be on the cards before the meeting.  This is why disciplinary invitation letters are very important.

Listen here for how sometimes we are telling truths they would rather not know.

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