Discipline is the essential part of any organization. A disciplinary procedure is sometimes the best way for your employer to tell you when something is wrong. It allows them to explain clearly what improvement is needed and should give you an opportunity to put your side of the situation. The discipline policy is depending of the company. Hear in newly open Tesco, the manager can take action against non-disciplinary action by using the following procedure.
Informal – non-disciplinary action
The line manager should make clear the nature of his or her concern together with any suggestions as to how the member might improve their work performance in such kind of non-disciplinary conduction. There is some stage of to handle non disciplinary action.
Hear in this case as a department manager the decision is being made as per the company policy about the disciplinary action. In this case Paul Wilkinson come late to the work but leave early, so as a department manager the legal action would be taken as under.
In the case of Paul Wilkinson the action would be taken as under
Stage 1 First formal oral warning
While taking any disciplinary action, it is essential to give a formal oral warning to the employee, hear the department manager already given the oral warning to the Paul Wilkinson about their non-disciplinary behaviour but he didn’t improve her behaviour, now as per the company policy the department manager will take the second step to follow the procedure.
Stage-2 written warning
After all investigation about the case if the person found guilty or un-discipline the next step would be to give a written notice. In the notice contain all the detail about the case and further action taken by the department manager. After giving formal oral warning the Paul Wilkinson does not make any improvement so, the manger gives him a written warning about their conduct. This written warning is the proof of the action which is taken by the manager so, in future if any legal conflict are arise, this written warning can remain as a proof. so as a department it is very wise to give a written warning before taking any non-disciplinary action.
Stage 3 Final warning
If there is still a failure to improve and conduct or performance is still unsatisfactory, or where the matter is sufficiently serious, the company give him a final warning about to improve the behaviour or follow the company rules. In this final warning company have to mentioned that if candidate do not follow the rules, company will dismiss him immediately. In this case if the Paul Wilkinson still not make any improvement the manager give him an final warning.
Stage 4: Dismissal
If conduct or performance is still unsatisfactory, dismissal will normally take place this is not any warning but final dismissal letter given to the candidate. As a department manager, before taking the dismissal action he informs to Paul Wilson and if he will fail to conduct performance after final warning, he will be dismissed by the company.
The action would be taken in the case of Sheena Johnson
Hear in this case Sheena Johnson found to theft the material from the department, so this is a legal crime to stealing the material from the company and the manager told him to report him tomorrow. So in this case the action would be taken as under.
Investigating of stealing: as a department manager the first procedure would be to gathering evidence of offences, because the evidence is the proof of the case, without evidence manager can not take any further decision. Hear in this case security caught the Sheena Johnson to stealing the material so; the manager will see the evidence and then take the further decision.
Seek Legal Advice before Confronting an Employee: before taking further action manager need to present that to your company’s legal advisor first of all. Further more you conduct any interview with the person in a calm and rational manner. In the event that a suspected employee isn’t caught in the act of theft nor have they confessed, once you feel you have gathered enough evidence to support your theory more firmly, you need to present that to your company’s legal advisor first of all. If they feel you have a watertight case with enough evidence to prove their guilt then it’s important that you conduct any interview with the person in a calm and rational manner. This is because if they are guilty, advanced warning might enable them to concoct lies or alibis as to why they couldn’t have been involved. Just simply and politely say that you just need a brief chat after work and not give them any indication that it might be about a particularly serious issue.
The Interview: If you opt for the interview, however, you need to tell them the reason why you wanted to see them, explain the situation in a calm and rational manner and then give them the right to respond. At first, they might simply refute your claims and stand their ground but the more hard evidence you can introduce after they’ve finished speaking, the more likely they’ll buckle under the pressure and confess. They may not, of course, which is the point at which you may need to seek further legal advice about pursing the matter in court, if it’s a serious case.