Disciplining Employees Other Than Dismissal

When disciplining staff, employers must follow a fair process. Disciplinary warnings (following a full and fair disciplinary hearing} are an important part of this process. In the event of gross misconduct or when there have been previous disciplinary warnings, employers may wish to consider alternatives to dismissal. Employers should ensure that alternative sanctions are specifically included in their disciplinary policies.

Conduct Problems

Where an employee has committed misconduct, suspension without pay or demotion may be a reasonable alternative to dismissal. Such penalties must be used consistently by employers in order to avoid potential discrimination claims.

Performance Problems

Following a performance management procedure, employers may consider demotion or transfer to a different site as an alternative to dismissal. In these circumstances, demotion is likely to be seen as a reasonable alternative to dismissal, particularly where the employee is able to do a lower skilled job.