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AbsenceLatest NewsDisciplineDiscipline and grievancesHR practice

One in five employers facing protracted disciplinary processes

by Ashleigh Webber 24 Jan 2024
by Ashleigh Webber 24 Jan 2024 Eighteen per cent of employers report that disciplinary matters are taking longer than three months
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Eighteen per cent of employers report that disciplinary matters are taking longer than three months
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Nearly one in five (18%) employers see their disciplinary processes dragging on for longer than three months, creating a significant drain on time and resources, a survey has found.

Research by employment law, health and safety and HR support service WorkNest revealed that sickness absence caused by stress and anxiety was the most common cause of a protracted disciplinary process, with 23% of employers revealing this as the reason for a long investigation.

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Nineteen per cent said that a lack of staff to deal with disciplinaries caused delays in the process.

WorkNest’s survey of 356 employers also discovered a lack of confidence in dealing with disciplinary matters among employers. Only 37% said they are “fully confident” handling disciplinaries effectively, while 9% said they were not confident at all.

The top three reasons for disciplinary action were:

  • absenteeism (36%), including excessive short-term absences, timekeeping and employees taking unauthorised absence
  • poor performance (30%), including repeated errors, unmet targets and poor quality work
  • conduct (21%), including rudeness, lack of teamwork and failure to follow instructions.

Pete Sewell, an employment solicitor at WorkNest, said clear policies, training and access to legal guidance can help improve confidence and minimise the risks surrounding disciplinary action.

“Whilst in some cases, a longer process is justified, our research shows that all too often, employers are finding themselves ensnared in protracted processes that suck up valuable time and resources, whilst causing stress for employees and employers alike,” he said.

“It is disconcerting to see that almost a third of employers are disciplining employees for poor performance and we would caution against this. In truth, the disciplinary process should be reserved for cases of poor conduct only. Different methods to tackle absenteeism and performance issues such as performance management procedures or separating out issues within a disciplinary process can often lead to a better outcome for all involved.

“This is a complex area, which even the most experienced managers and HR professionals grapple with. The overriding message is, if in doubt, seek advice.”

Sewell said absence should be managed when issues arise, and employers should cultivate a supportive work environment with transparent communication channels to avoid the necessity for formal disciplinary action.

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Ashleigh Webber

Ashleigh is a former editor of OHW+ and former HR and wellbeing editor at Personnel Today. Ashleigh's areas of interest include employee health and wellbeing, equality and inclusion and skills development. She has hosted many webinars for Personnel Today, on topics including employee retention, financial wellbeing and menopause support.

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