If misconduct happens outside workĪn employee could face disciplinary action for misconduct outside work.įor example, where an employee's behaviour in front of external clients at the work Christmas party reflects badly on the company. being absent without permission (some people call it absent without leave or 'awol')īut your organisation might have its own examples.'insubordination' (refusing to do work).Misconduct is when an employee's inappropriate behaviour or action breaks the organisation's rules. Whether the employer deals with the issue under a capability or disciplinary procedure, they must do so fairly. Some employers might have a separate procedure for dealing with capability or performance issues that should be based on: setting up a training or development plan, if it's a performance issueĬapability or performance is about an employee's ability to do the job.privately talking with them and any other staff involved.The employer should try solving the issue with their employee by: This can often be the quickest and easiest solution. 'misconduct' (unacceptable or improper behaviour)īefore starting a disciplinary procedure, the employer should first see whether the problem can be resolved in an informal way.Making a claim to an employment tribunalĪ disciplinary procedure is a formal way for an employer to deal with an employee's:.Discrimination, bullying and harassment.Dealing with a problem raised by an employee.Talking to your employer about a problem.Health, safety and wellbeing when working from home.Recording and reducing sickness absence.Getting a doctor's report about an employee's health.
Consulting employees and their representatives.
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