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LESSON 36:
DISCIPLINE
following rules and procedures will be put into effect as of this ACAS guidelines.
date: Step 1. The informal talk
SICKNESS: No excuse. We will no longer accept your doctor’s If the infraction is of a relatively minor nature and if the
statement as proof, as we believe that if you are able to go to employee’s record has no previous marks of disciplinary action,
the doctor YOU are able to come to work. an informal, friendly talk will clear up the situation in many
DEATH: (Other than your own) This is no excuse. There is cases. Here the manager discusses with the employee his or her
nothing you can do for them, and we are sure that someone behaviour in relation to standards which prevail within the
else with lesser position can attend to the arrangements. enterprise.
However, if the funeral can be held in the late afternoon, we will Step 2. Oral warning or reprimand
be glad to let you off one hour early, provided that your share In this type of interview between employee and manager, the
of the work is ahead enough to keep the job going in your latter emphasizes the undesirability of the subordinate’s
absence. repeated violation, and that ultimately it could lead to serious
LEAVE OF ABSENCE: (Surgery) We are no longer allowing disciplinary action.
this practice. We wish to discourage any thoughts that you need Step 3. Written or official warning
an operation, as we believe as long as you are an employee here, These are part of the ACAS code of practice. A written warning
you will need all of whatever you have and you should not is of a formal nature insofar as it becomes a permanent part of
consider having anything removed. We hired you as you are and the employee’s record. Written warnings, not surprisingly, are
to have anything removed would certainly make you less than particularly necessary in unionized situations, so that the
we bargained for. document can serve as evidence in case of grievance procedures.
DEATH: (Your own) This will be accepted as an excuse but we Step 4. Disciplinary layoffs, or suspension
would like a two-week notice, as we feel it is your duty to train This course of action would be next in order if the employee
your successor. has committed repeated offences and previous steps were of no
ALSO: Entirely too much time is being spent in the restroom. avail. Disciplinary lay-offs usually extend over several days or
In the future, we will follow the practice of going in alphabetical weeks. Some employees may not be very impressed with oral or
order. For instance, those whose names begin with “A” will go written warnings, but they will find a disciplinary layoff without
from 8 to 8:15, “B” will go from 8:15 to 8:30, and so on. If you pay a rude awakening.
are unable to go at your appointed time, it will be necessary to Step 5. Demotion
wait until the next day when your turn comes again. This course of action is likely to bring about dissatisfaction and
Signed: The Management discouragement, since losing pay and status over an extended
period of time is a form of constant punishment. This
Reasons instigating Disciplinary Action
dissatisfaction of the demoted employee may easily spread to
• Breach of Rule co-workers, so most enterprises avoid downgrading as a
• Act of indiscipline committed by somebody disciplinary measure.
• To correct a person disciplinary action is taken Step 6. Discharge
Progressive Disciplinary Action Discharge is a drastic form of disciplinary action, and should be
The purpose of discipline is not punishment or retribution. reserved for the most serious offences. For the organisation, it
Disciplinary action must have as its goal the improvement of involves waste of a labor resource, the expense of training a
the future behaviour of the employee and other members of new employee, and disruption caused by changing the make-up
the organisation. The purpose obviously is the avoidance of of the work team. There also may be damage to the morale of
similar occurrences in the future. the group.
Let us end by understanding the important elements in the Activity 6 (15 minutes)
disciplinary system with the help of a diagram How (a) accessible and (b) clear are the rules and policies of your
organisation/office: do people really know what they are and are
Elements in a Disciplinary System
not supposed to do. Have a look at the rule book or procedures
manual in your office. How easy is it see - or did you get referred
Employ Establish Communic
Assess
Modify elsewhere? is the rule book well-indexed and cross-referenced,
er rules and ate rules undesirable
and goals
behavior
behavior and in language that all employees will understand?
goals
How (a) accessible and (b) clear are the disciplinary procedures in
your office? Are the employees’ rights of investigation and
appeal clearly set out, with ACAS guidelines? Who is respon-
sible for discipline?
Employees Relationship Management in Disciplinary Situations
Even if the manager uses sensitivity and judgement, imposing
disciplinary action tends to generate resentment because it is an
MANAGING PEOPLE
disciplinary action so that it will be least resented. behaviour/performance should be made clear.
(a) Immediacy Step 5. The employee should be given the opportunity to
Immediacy means that after noticing the offence, the manager comment, explain, justify or deny. If he is to approach the
proceeds to take disciplinary action as speedily as possible, following stage of the interview in a positive way, he must not
subject to investigations while at the same time avoiding haste be made to feel ‘hounded’ or hard done by.
and on-the-spot emotions which might lead to unwarranted Step 6. The organisation’s expectations should be reiterated, or
actions. new standards of behaviour set for the employee.
(b) Advance warning (i) They should be specific and quantifiable, performance
Employees should know in advance (eg in a Staff Handbook) related and realistic.
what is expected of them and what the rules and regulations
(ii) They should be related to a practical but reasonably short
are.
time period.. A date should be set to review his progress.
(c) Consistency
(iii) The manager agrees on measures to help the employee
Consistency of discipline means that each time an infraction
should that be necessary. It would demonstrate a positive
occurs appropriate disciplinary action is taken. Inconsistency in
approach if, for example, a mentor were appointed from
application of discipline lowers the morale of employees and
his work group to help him check his work. If his poor
diminishes their respect for the manager.
performance is genuinely the result of some difficulty or
(d) Impersonality distress outside work, other help (temporary leave,
Penalties should be connected with the act and not based upon counseling or financial aid) may be appropriate.
the personality involved, and once disciplinary action has been
Step 7. The manager should explain the reasons behind any
taken, no’ grudges should be borne.
penalties imposed on the employee, including the entry in his
(e) Privacy personnel record of the formal warning. He should also explain
As a general rule (unless the manager’s authority is challenged how the warning ‘can be removed from the record, and what
directly and in public) disciplinary action should be taken in standards must be achieved within a specified timescale. There
private, to avoid the spread of conflict and the humiliation or should be a clear warning of the consequences of failure to
martyrdom of the employee concerned. meet improvement targets.
Disciplinary interviews Step 8. The manager should explain the organisation’s appeals
Preparation for the disciplinary interview procedures: if the employee feels he has been unfairly treated_
there should be a right of appeal to a higher manager.
(a) Gathering the facts about the alleged infringement
Step 9. Once it has been established that the employee under-
(b) Determination of the organisation’s position: how
stands all the above, the manager should summarize the
valuable is the employee, potentially? How serious are his
proceedings briefly.
offences/lack of progress? How far is the organisation prepared
to go to help him improve or discipline him further? Records of the interview will be kept for the employee’s
personnel file, and for the formal follow-up review and any
(c) Identification of the aims of the interview: punishment?
further action necessary.
deterrent to others? improvement? Specific standards of future
behaviour/performance required need to be determined. Activity 7 (20 minutes)
(d) Ensure that the organisation’s disciplinary procedures Outline the steps involved in a formal disciplinary procedure
have been followed (for an organisation with unionized employees) and show how
the procedure would cerate in a case of:
(i) Informal oral warnings (at least) have been given.
(a) Persistent absenteeism
(ii) The employee has been given adequate notice of the
interview for his own preparation. (b) Theft of envelopes from the organisation’s offices
(iii) The employee has been informed of the complaint against The ACAS Code of Practice
his right to be accompanied by a colleague or representative This highlights the features of a good disciplinary system.
and so on. ACAS Code of PracticeDisciplinary and grievance procedures
The Content of The Disciplinary Interview should:· be in written form’
Step 1. The manager will explain the purpose of the interview. • specify to whom they apply (all, or only some of the
employees?)
Step 2. The charges against the employee will be delivered,
clearly, unambiguously and without personal emotion. • be capable of dealing speedily with disciplinary matters
Step 3. The manager will explain the organisation’s position • indicate the forms of disciplinary action which may be
with regard to the issues involved: disappointment, concern, taken (such as dismissal, suspension or warning)
need for improvement, impact on others. This can be done • specify the appropriate levels of authority for the exercise
frankly - but tactfully, with as positive an emphasis as possible of disciplinary actions
on the employee’s capacity and responsibility to improve.
MANAGING PEOPLE
the charge sheet served, the explanation furnished should be • Discipline is the force that prompts individuals or groups
considered and if it is satisfactory, no disciplinary action needs to observe rules, regulations, standards and procedures
to be taken. On the contrary when the management is not deemed necessary for an organization.”
satisfied with the employee’s explanation, it can proceed with
• Maintenance of discipline is a prerequisite to the
full-fledged enquiry. (However, if the worker admits the charge,
attainment of maximum productivity, not only of the firm
the employer can warn him or award him punishment without
but also for the entire nation.
further enquiry.)
• Discipline involves the following three things.
3. Suspension pending Enquiry. In case the charge is grave
that is serious, a suspension order may be served on the (I) Self-discipline.
employee along with the charge sheet. According to the (II) Orderly behaviour.
Industrial Employment (Standing Order) Act, 1946, the (III ) Punishment
suspended worker is to be paid a subsistence allowance equal to
• Discipline can either be positive or negative.
one-half of his wages for the first ninety days of suspension
and three-fourths of wages for the remaining period of • The common causes of indiscipline are Unfair
suspension if the delay in the completion of disciplinary Management Practices, Absence of Effective Leadership,
proceedings is not due to the worker’s conduct. Communication Barriers, and Inadequate attention to
personnel Problems, Victimization, Absence of Code of
What is grave will depend on the discretion of the manage-
Conduct.
ment. It has to be decided in accordance with the Code Of
Discipline. • Before starting the process of discipline, it is essential to
hold a preliminary inquiry to know if a prima facie case of
4. Holding of Enquiry. An enquiry officer should be ap-
indiscipline and misconduct exist.
pointed to hold the enquiry and a notice to this effect should be
given to the concerned worker. Principle of natural justice must • The Code of Discipline is entirely voluntary in nature and
be followed. The worker should not be denied the chance of is not required by law.
explaining himself. The enquiry officer should give sufficient Exercises:
notice to the worker so that he may prepare to represent his case 1) Why is discipline necessary?
and make submission in his defense. The enquiry officer should
2) Bring out the differences between positive and negative
proceed in a proper manner and examine witnesses. Fair
discipline.
opportunity should be given to the worker to cross-examine
the management witnesses. 3) Outline the various forms of indiscipline and examine the
factors leading to indiscipline.
On the conclusion of the enquiry, the enquiry officer should
record his findings and the reasons thereof. He should refrain 4) Explain what do you mean by the principle of Natural
from recommending punishment and leave it to the decision Justice.
of the appropriate authority. After all he is just an enquiry 5) Write short notes on:
officer!! • Suspension
5. Order of Punishment. Disciplinary action can be taken when • Dismissal
the misconduct of the employee is proved. While deciding the
• Red Hot Stove rule
nature of disciplinary action, the employee’s previous record,
precedents, effects of the action on other employees, etc, have to 6) What types of discipline problems are most prevalent?
be considered. 7) What type of discipline problem traditionally results in the
When the employee feels that the enquiry conducted was not most severe disciplinary action?
proper and the action taken unjustified, he must be given a 8) In what conditions should dismissal be used as a penalty?
chance to make appeal. 9) Should an organisation adopt a uniform hierarchy of
The Disciplinary Procedure can be summarized as penalties for all offences? Discuss.
Issue of charge sheet 10) “You can’t discipline employees today as you could a
generation ago.” Discuss with your grandparents and
parents and find out. Discuss the findings in the class.
Consideration of Explanation 11) What should be the rights of an employee who has been
charged with a rules violation by his or her supervisor?
Suspension pending Enquiry 12) 2 shipping clerks come to office following lunch, heavily
intoxicated. One has been employed for three months and
is undergoing the usual 6 months probation that all new
Holding of Enquiry employees undergo. The other has been with the company
for 16 years, is a good worker and except for a 2-day
suspension for telling off his old boss a few years ago, has
Order of Punishment a spotless record. As their supervisor, what would you do?
Types of disciplinary
situations Disciplinary interviews
Ø Excessive absenteeism
Ø Poor timekeeping Ø Gathering the facts about the alleged
Ø Defective and/or inadequate work performance infringement
Ø Poor attitudes which influence the work of others Ø Determination of the organization's position
or reflect on the image of the firm Ø Identification of the aims of the interview
Ø Improper personal appearance Ø Ensure that the organization's disciplinary
Ø Breaking safety rules procedures have been followed
Ø violations of rules, regulations and procedures