LAST UPDATE: 30.06.23
How to have a legally-compliant ‘disciplinary’ policy that doesn’t shame, blame or punish
By People Support Coop & RadHR
How can progressive employers meet the legal requirements of a disciplinary policy, without embedding punitive values? This guide covers how 'disciplinary' situations can be treated as opportunities for learning and collective improvement.
Practical suggestions to create a disciplinary procedure based on collective accountability.
Introduction to disciplinary procedures
We consider why we need a disciplinary procedure and how to approach designing one outside of the restrictions of ‘discipline’.
What does the law say?
The laws you need to be aware of when designing a legally-fair procedure.
What’s wrong with standard disciplinary procedures?
Why the term discipline can be problematic, and how it can reduce co-operation, solidarity and mutual support.
- Conduct and capability: Why classing conduct and capability together in one procedure can limit opportunities for supportive action.
- Hierarchy: Why standard procedures can be problematic for those of us in non-hierarchical organisations.
- Impartiality: Why ‘impartiality’ can be a difficult concept in progressive organisations.
- Confidentiality: How to balance confidentiality with openness.
What to include in a disciplinary procedure
An overview of the main elements needed for a legally-fair procedure.
- Informal action: How to create and sustain a supportive culture.
- Drugs and alcohol: Why addiction should not be a disciplinary matter.
- Written warnings: How to create non-punitive alternatives to standard disciplinary sanctions.
- Formal procedure: What you need to know about investigations, formal hearings and appeals.