Why is it important for employers to have clear disciplinary rules and procedures?
What are an employer's minimum obligations with regard to disciplinary rules and procedures?
Which areas should be covered in a company's disciplinary rules?
What are the pros and cons of making a disciplinary procedure contractual?
Should employers have written rules on work-related social events?
Can an employer dismiss an employee with less than a year's service without following its disciplinary procedure?
Will invoking the company disciplinary procedure be the best means of dealing with all instances of absence and poor performance?
Is there a set number of warnings that an employer must give an employee prior to dismissal?
What should an employer do on becoming aware that an employee has committed an act of misconduct?
What is gross misconduct?
What can an employer do where it suspects that an employee has committed an act of gross misconduct, but has no concrete proof?
When is it appropriate to suspend an employee from work pending an investigation?
When is it appropriate to suspend an employee who is suspected of misconduct?
Are there circumstances in which an employer can suspend without pay pending a disciplinary hearing?
Where an employer suspects that an employee is working under the influence of alcohol, what action can it take?
The employer should take care not to make
unsubstantiated assumptions about the employee, but it will also be very
important for it to take precautions to prevent any potential danger to the
health and safety of the employee and his or her colleagues. The potential
courses of action open to the employer will depend on: what, if any, policy is
in place regarding the treatment of employees who have problems with alcohol;
what the employer's disciplinary procedure says about working under the
influence of alcohol; and whether or not the employer has ready access to
occupational health advice.
If the employer has ready access to an
occupational health specialist, the employee could be asked to agree to be
tested for alcohol straight away. The results of such a test would show whether
or not the employer's suspicions were well founded. If such testing is not
possible, then the manager concerned should seek the opinion of an HR manager
or another senior person to support his or her suspicions that the employee is
in fact under the influence of alcohol. A record of his or her observations should
be made.
The most appropriate course of action will
then often be to suspend the employee (with full pay, unless the contract of
employment specifies that suspension in these circumstances may be unpaid). The
employee's manager should make absolutely sure that the employee is not
permitted to drive and should, if necessary, call a taxi to take the employee
home. Following a short suspension to allow the employer to investigate the
situation (typically one or two days), the employee can subsequently be recalled
to the workplace to attend an investigatory interview to establish his or her
version of events. Depending on the outcome of the investigations, disciplinary
action may follow. Alternatively, if it is established through investigations
that the employee has an alcohol addiction, the employer may, depending on its
policies and procedures, offer a programme of support with a view to rehabilitation.
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Can an employee who is a witness to an incident be obliged to provide a witness statement?
What is the purpose of a disciplinary interview?
What is the difference between an investigatory interview and a disciplinary interview?
Who should be present at a disciplinary interview?
Do workers have the right to be accompanied at disciplinary hearings?
