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Peak Practice HR

Course Content -Managing the Disciplinary Procedure

 

Programme overview:

 

Under current legislation, if an employer cannot demonstrate that a fair and consistent disciplinary  procedure has been followed, then dismissal will be regarded as automatically unfair. Further, an Employment Tribunal may decide to increase an award for compensation, by up to 25%, in the event of an unreasonable failure to comply with the ACAS code of practice.

 

To reduce risk and limit potential claims for compensation, line managers with delegated authority for managing the disciplinary processes require a basic, albeit sound, awareness of legislative procedures. They should be adept at responding to contentious and challenging scenarios.

 

No single workshop will prepare line managers for all the situations that they may encounter, but our programme will equip them with the confidence to identify potential areas of concern and respond effectively, including an awareness of when to enlist specialist support, e.g. from the HR departmen.


Programme objectives:

 

  • Understanding that the purpose of taking disciplinary action is to achieve an improvement in employee behaviour, rather than to be merely punitive.
  • Understanding the mission-critical role played by first line managers in ensuring staff behave to the highest standards
  • Provide clarity of the company's own procedures and legislative requirements
  • Examine the role of the trade union and how to even out the balance of power that can occur when inexperienced managers are confronted by experienced trade union negotiator's
  • Provide confidence to managers required to manage the various stages of the discipline process.

 

The programme has two distinct, but complementary stages. Firstly, a technical input from the presenter designed to enable delegates to clearly understand the relevant company policies and procedures, coupled with an awareness of current employment legislation. This part of the programme will be highly inter-active applying a significant degree of question and answer technique, combined with reviews of thoroughly researched case studies that can be directly related to the delegates own work environment.

 

The second phase is wholly participative and is based on the premise that in order for people to apply a new skill, they must feel confident to experiment and perform. The best method for achieving this, in the workshop environment, is for delegates to gain practical experience which is conducted within a 'risk free and supportive' environment. To this end the entire afternoon session will focus upon the delegates having to solve an in-depth case study by collaborating as a team.

 

The delegates will be presented with limited information relating to a serious incident that has occurred that same day. The delegates will be challenged to act and perform as if the incident had occurred in real time, within their own organisational context. The delegates will have to conduct investigatory and fact gathering techniques which they will accomplish in a series of role play simulations. Read More -

 

Peak Practice will supply their own role players to inter-act with the delegates in the various simulations, thereby adding genuine realism to the situation. By the end of the afternoon phase delegates will have personally witnessed an entire disciplinary process from investigation to conducting a hearing and determining an outcome, utilising the following competencies: organisation & planning, interviewing technique, analysis, influencing and assertiveness.


By the end of the programme delegates will:

 

  • understand the purpose of applying disciplinary process
  • appreciate the critical role played by line managers
  • learn the different methods of applying effective action, e.g. informal and formal
  • learn how to confront and proceed with cases of 'gross misconduct'
  • experience the critical activity of thorough investigation
  • experience the importance of preparing properly for hearings
  • experience how to conduct a hearing and manage the accompanying advocate (TU representative)
  • learn that recordable awards should meet the criteria of being consistent and reasonable