Should Professional Negligence Or Misconduct?

1719 WordsMar 10, 20167 Pages
Some companies may even have a separate procedure for underperformance and may need to amend and adapt the finer details of this procedure and class it as a ‘capability’ procedure but they must still follow the basic principles of the policies. Ultimately, a well managed organisation rarely has to resort to disciplinary measures, but if needed, it is essential that the procedure is adhered to precisely. It is also worth mentioning that employers should aim to improve and not punish employees, but this is not always the case. If and when a disciplinary procedure is needed, the organisation must follow a code of practice which will be set out in the company’s disciplinary policy. Every case is different, so it is important that an…show more content…
Once the investigation is complete and it is decided that a disciplinary case is to be opened, then the employee must be notified in writing as soon as possible. The letter should contain information with regards to the alleged offence and the possible outcomes, copies of witness statements if applicable, the time and venue for the meeting and also the employees right to be accompanied at the meeting whether it be a fellow worker, a union representative or a union official but the companion has limited exercise within the meeting. The meeting should also be held without undue delay but at the same time must be deemed as fair in order for the employee to prepare their case for the matters in question .Once the meeting is in progress the employee will be shown details and evidence of the alleged offence and complaint against them but at the same time the employee will be given their opportunity to present their case forward and ask relevant questions or provide evidence and even call witnesses. Once the disciplinary meeting has finished and all the information gathered, then there needs to be a decision on whether disciplinary action or any other kind of action can be justified and then implemented. The employee must then be notified, in writing, of the relevant actions which are to be taken and explained as to why and how the
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