EXECUTIVE SUMMARY
While analyzing the current situation of Bodgitt and Blastit limited we had revealed that the company does not work based on any disciplinary procedures. Well� they just developed their disciplinary procedures last year and they need some time to revise it.
But firing without any consent or proof of the misconduct was yet a foul incident and the company needs to do something about it, because on the basis of this matter the employee can easily file a case against the company based on misconduct in the employment tribunal.
Although, no company can write in their disciplinary procedures that �if� the employee is �thought� to be a thief, he shall be fired. Therefore, the company can not fire the employee without proper guidelines.
Secondly, no formal procedures were used to avoid misconduct on the company�s behalf. Being a company Limited by shares, Bodgitt and Blastit should be more careful about their reputation as these kind of minute matters could spoil it.
Here in this report we have suggested several ways through which the company may avoid misconduct and properly follow the disciplinary procedures.
Introduction
Disciplinary procedures are an important part for any organization, it is the disciplinary procedures that determine the complete directive of the firm that the employees are supposed to follow, it may also include the code of conduct. (Gennard, J. & Judge, G., 2005)
All the ill effects of not following the terms mentioned in the disciplinary procedures are also mentioned in the same document, like suppose the penalty or punishment for misconduct such as abusing fellow workers is suspension from the company without pay, (Hall, R. & Stewart, J., 2001) so here the term in disciplinary procedure will be as follows:
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All the employees working for Bodgitt and Blastit limited should not use abusive language against any other employee, manager, stock holder or a general part of the company, or even in the office premises; failing to do so could lead to a suspension of the key employee. (Russell, Kate, 2004)
In the above procedure and term, the problem was very clearly stated and so was its penalty. Therefore preventing the company from being a victim by means of a penalty from the employment tribunal. If any such information is not mentioned in the disciplinary procedures or even worse, if the company does not have a disciplinary procedure until now, this could be much worse, the employment tribunal may also force the company to not only let the �suffered� employee get back to his post in the company, but also the responsible (or rather, irresponsible) employee could also get some compensation out of the whole deal.
DISCIPLINARY PROCEDURES: THE IMPORTANCE
It is very essential to have disciplinary procedure in any company, this is because it is not only the employee that suffers from the absence of such codes of conduct but even the company might get into a huge mess if an employee goes to the employment tribunal. (Farnham, D., 2000)
A disciplinary procedure is equally important for the employee as much as it�s for the company�s board of directors. (Nairns, J. 2004)
The following are the importance of a disciplinary procedure:
1. Importance for the employee:
Any employee of any organization should know the basic working privileges as well as the rules of the organizations, he should be well informed of the rules and the penalties that might apply in case of neglecting the particular rule.
Provides a safety in case of misconduct on the company�s behalf.
Fair decision making: To explain this, the situation at Bodgitt and Blastit limited may be considered, here the company did not make a fair decision by throwing out the employees before any kind of a valid proof. Therefore, according to the code of conduct the employee can now file a suit against Bodgitt and Blastit limited in the employment tribunal.
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A security for the job: This document provides extra security of the job of an employee, suppose the employee got stuck in traffic and reached late for work, so the company cannot just throw out the employee on the basis of tiny reasons such as these.
It implements better working conditions.
Security for female workers: Many disciplinary procedures contain points relating to the treatment of their fellow co � workers and the charges for flirting or sexual harassment within the organization.
2. Importance for the employer:
The procedure is like a code of conduct for the employees, only it is to be followed more strictly, else usually leads to penalties, suspension or getting fired.
Saves the company from unwanted penalties and lawsuits.
Better working conditions within the company.
Gives the managers the answer to many of the employees union�s �Why�s?�
Betterment for the brand name of the company.
Generates respect amongst employees for the company.
3. Importance for the government:
It ensures that the employees in the country are being treated fairly.
Chances for further improvement.
DISCIPLINARY PROCEDURES: How should they be managed?
Following the disciplinary procedures �very� strictly may also lead to the crushing of any company�s reputation. Therefore it is necessary for the employer to firstly understand why the disciplinary procedure was broken and then analyze the possible solutions and punishments. (Leat, M. 2007)
It is very important that the disciplinary procedure should available to employees at the time of joining or whenever a certain code in the disciplinary procedures has been changed, so that the employees are well informed to the �What not to do� situation. (Judge, G. & Gennard, J. 2005)
The company should clearly mention in the disciplinary procedures what a gross conduct means. Thereby, informing the employees to not do anything out of the company�s policy.
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A good disciplinary should include the following: (Fritz, R. & Stringari, A. 1968)
It should always be in a written format
Specification: This will be necessary if there are several departments in a company, and should state which rules apply to which department or class of employees.
Should never be racist or discriminative. This is very important for the reputation of the company.
Should mention the actions that the company might take in case of any gross activity or misconduct.
Should be compatible to attain and keep confidential witness records and actions against the target employee.
It should ensure that the situation has been clearly and thoroughly investigated before any harsh action is to be taken. (please note that this was a mistake made by Bodgitt and Blastit limited, and due to this factor they can be easily fined)
Warnings: The employee should be warned before any harsh decisions, else this damages the reputation of the company, the warning should always be written and not oral.
DANGERS OF NOT CREATING THE PROCEDURE
The following are the dangers of not implementing or worse not creating the disciplinary procedures as set up by the company:
The company will not have the rights to punish employees over most gross misconducts, such as theft, influence of drinks or drugs while at work, etc.
If the target employee chooses to go to court, the company will have to bear fines if they don�t have disciplinary procedure (even if the company is right and the employee is wrong)
Creates havoc within the company.
Employee union might get more powerful than the board of directors itself.
Loss of goodwill or brand name of the company.
No help from the government in case of a gross misconduct.
Without proper disciplinary procedures it is not possible to control internal conflicts within the organization.
Conclusion
In the Bodgitt and Blastit limited it is clear that the disciplinary procedures were not ensued properly since the company did not check for proofs against the dismissed employees and thus this is enough to prove the company at fault.
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As we have mentioned in our section �How to manage the procedure�, that the company must always have valid proofs or evidence against the convicted employee before taking harsh steps such as dismissal or suspension.
Secondly, it has been clearly mentioned in the question statement that the disciplinary procedures have not been used; this is enough to get the company into trouble with the employment tribunal.
RECOMMENDATIONS
It is strongly recommended that the company should send the dismissed employees a written letter which will state that the company has started investigating in the matter and the employees will be contacted shortly after any evidence is found for or against them, so as to develop a trust in the employees and to ensure the chances of them going to court decrease.
It�s either this, or the company should start collecting enough evidence against the employees to present in front of the court so as to save the reputation of the company and to attain a truthful nature in front of other employees. This is because this kind of a behavior on the company�s part could have also led to the damaged reputation of the company in front of other employees.
References
Gennard, J. & Judge, G. (2005).
Employee Relations. Pg. 272 – 273
Hall, R. & Stewart, J. (2001).
Human Resources in Organizations: An Intergrated Approach. P: 267 � 270
Farnham, D. (2000).
Employee Relations in context. Pg: 423 – 458
Russell, K. (2004).
Can I sack the B*****d?. Pg: 30 � 30 (USE OF OFFENSIVE LANGUAGE BLOCKED)
Nairns, J. (2004).
Employment law for Business Students. Pg: 177 � 177
Leat, M. (2007).
Emploring Employee Relations. Pg: 408 � 414
Gennard, J. & Judge, G. (2005).
Employee Relations. Pg. 277 � 281
Fritz, R. & Stringari, A. (1968).
Employer�s Handbook for Labor negotiation. Pg: 44 � 45
