Rural Estates Newsletter February 2023 - Flipbook - Page 22
7 – The dos and don’ts of handling
employee misconduct
Serena Nicholls
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The relationship between employer and employee on a rural estate
is usually more intimate than in a commercial setting. A gardener,
gamekeeper, cook or cleaner may have worked for the family for
decades and live in an estate cottage or even in the main house. This
means that it can be particularly difficult to know what to do when there
are concerns about an employee’s conduct. Here are our top dos and
don’ts in cases of employee misconduct.
Do
1. Have clear rules
Setting clear rules from the outset helps employees to understand what is expected of
them and helps employers to act fairly and consistently. The rules could be set out in a
disciplinary policy, or even the employment contract itself, and should cover anything
relevant, from timekeeping to use of estate equipment.
2. Consider whether to take formal or informal action
Many conduct issues can be resolved informally with a quiet word, particularly where
the employee has committed misconduct for the first time or where the matter is not too
serious.
Even if informal rather than formal action is taken, be sure to keep a written record of any
issues that arise and how they are dealt with.
3. Carry out a fair investigation
A fair and balanced investigation should be carried out before any formal action is
taken. The nature and scope of the investigation will depend on the seriousness of the
matter and the more serious it is, the more thorough the investigation should be. The
investigation should be approached with an open mind, rather than being a witch hunt.
You should interview the employee and gather all relevant evidence (including evidence
in the employee’s favour). Consider your findings on the facts, before deciding whether
there is a case to be heard. If matters are to be taken further, you must first hold a formal
disciplinary meeting.
4. Follow the Advisory, Conciliation and Arbitration Service’s Code
The ACAS Code of Practice on Disciplinary and Grievance Procedures (ACAS Code)
provides practical guidance for handling disciplinary situations in the workplace and
should be followed. Failure to comply is likely to mean that any dismissal will be unfair,
and employers who do not follow it could be ordered to pay up to 25 per cent additional
compensation at tribunal.
As an employer, it is worth noting the following:
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•
You should set out the allegations in your letter inviting the employee to the
disciplinary meeting and provide them with any evidence that will be considered
in advance.
•
If you think the employee’s behaviour may be serious enough to result in dismissal,
you should make this clear in the letter.
•
The employee has a right to bring a colleague or trade union representative to the
disciplinary meeting and you should make them aware of this.
•
You should give the employee an opportunity to put their case in response, at the
disciplinary meeting, before making any decision.
Rural Estates Newsletter
February 2023