This page is designed to answer the following questions:
- 4.3 Possible outcomes in disciplinary cases (Level 5 Diploma in Leadership and Management for Adult Care, Professional development, supervision and performance management)
NOTE: Although this page has been marked as complete, it has not yet been peer-reviewed or quality-assured, therefore it should be considered a ‘first draft’ and any information should be fact-checked independently.
For this assessment criterion, you will be required to consider the potential outcomes in disciplinary cases both internally and externally as well as on the future management of service delivery teams.
Following a disciplinary hearing, an employer must choose what action they are going to take. This could include a written or final warning, demotion or dismissal as well as no action being taken at all. The employee should be given the opportunity to appeal the decision if they believe that they have been unfairly treated. Where possible appeals should be conducted by someone that has not been involved in the disciplinary process thus far, usually more senior management.
If an employee is unhappy with how they have been treated, they may take their case to an employment tribunal. Although employers should try to resolve issues without it getting this far, if it does reach this stage then the employer must be able to show that they have acted in line with legislation, the ACAS code and internal policies and procedures. Therefore, accurate and detailed record-keeping is vitally important because a lack of evidence can result in the employee being awarded financial compensation for their dismissal. The employer may also be ordered to reinstate the employee in the same or a similar position.
If disciplinary procedures are considered by staff to be unfair, this can result in low staff morale and a higher turnover of staff, which can have an impact on service provision. Similarly, if an employee is dismissed or is required to undergo additional training, this can result in other staff picking up their workload. Hence, as a manager, you may need to adjust shift patterns and initiate recruitment procedures as well as reassure staff that this will only be a temporary measure and provide them with support where you can.
Learners consider potential outcomes in disciplinary cases both internally and externally as well as on the future management of service delivery teams including consideration of:
- Impacts on service provision
- Impact on staffing
- Appeals procedures
- Legal implications – e.g. employment tribunals
- Future management support and training and development required