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Making a clear code of conduct for you and your employees to follow

   
Have you ever had to discipline one of your employees?  Do you think there may come a time in which you may have to discipline an employee?  The fact is, you really can't be sure how the relationship between your employees might develop.  Your might spend many happy years with a group of reliable un-troublesome  employees; on the other hand your employee(s) might be nothing but trouble. 

If there comes a time were you believe you may need to sack an employee for whatever reason, then there are a number of points you need to consider, even if you only have one employee:  

Firstly, it is important to remember that you need to ensure that your employees are aware of what you consider to be misconduct or unreasonable behaviour.  Without these guidelines how will your employee know what you expect of them? So you should draw up a set of rules which indicate clearly what you and your company believe to be unreasonable behaviour.  You must also be clear as to the consequences if the rules are broken. 

There are two types of misconduct which you need to consider, and they will directly affect the way in which you decide to disciple your employee.  The first is general misconduct and the second is gross misconduct. The first you would consider to be a misdemeanor, and the second a serious offence; as a consequence you would react differently in each case.

General Misconduct
These types of offences are minor or one off offences and would not result in something serious happening to your business as a consequence of the employee's actions.  They may include:

  • Being late for work 
  • Using the telephone for personal calls
  • Using a company vehicle for unauthorised personal use
  • under performance

Gross Misconduct
Serious misconduct goes under this category.  Here you would treat the offence very seriously.  Often this type of misconduct may be due to an employee continuing to offend i.e. 

  • continuously late
  • using the phone for personal use after repeated warning not to
  • Repeated unauthorised use of a company vehicle despite warning not to
  • repeated under performance despise measures taken to alleviate the situation 

If an employee continually repeats an offence then it graduates more towards gross misconduct.

 

 

"When drawing up disciplinary rules, the aim should be to specify clearly and concisely those that are necessary for the efficient and safe performance of work and for the maintenance of satisfactory relations with the workforce and between the workers and management."

DTI - Fair and unfair dismissal: A Guide for Employers PL714 (REV 9)

In addition, gross misconduct can also occur if an employee's offence may jeopardize the functioning of your company in any way or through total unreasonable behaviour:

  • Physical violence
  • Alcohol or drug abuse
  • Deliberate damage to property
  • Serious infringement of health and safety regulations
  • Theft and/or fraud
  • Harassment / discrimination
  • Negligence which causes serious consequences for your company as a result of the error

Tips to setting up your code of conduct

  • Try to make your rules as clear and concise as you possibly can.  Avoid ambiguity and confusion in the message you are trying to portray.

  • Ensure the rules are reasonable and acceptable for both you and your staff.  Ask your staff to help you draw up the rules.

  • Ensure all your staff have access to the rules at all times.  You may decide to create a handbook or stick them on the wall.  You could place them on your staff intranet site if you are lucky to have one. 

  • The consequences of breaking the rules should also be clearly stated.

Useful links

Once you have established a set of rules, you will need know how to apply them.  This involves conducting disciplinary and grievance procedure, and means you need to act appropriately to avoid a Tribunal finding a case for unfair dismissal.
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Last updated: January 07, 2002.