Reappraise the Case
The manager needs to make a decision about whether, in the light of all of the information
that is now available, there is still a case to answer for the individual concerned. If the
manager decides now there is no case, then the next interview should be held to provide
the individual with a clear explanation about why the case is not being taken any further.
This explanation should be factual and accurate, but it should not be either defensive or
apologetic. The process has worked and the manager should feel no need to apologise for
the outcome. Remember that the first intention of discipline is improvement. If at the end
of your consideration of the overall information gained from the investigation, the
interview and the checking of any points felt necessary, you believe that it would be wrong
or unfair or unjustifiable to carry out disciplinary action that is fine. You have not wasted
any time or money. In fact you have spent the time and money very well because you have
stopped the organisation taking action which very probably would lead it into a situation
such as a dispute or a tribunal appearance with all the cost surrounding those two
situations.
If handled properly and effectively this withdrawal from the disciplinary process can
enhance the image of both management and the disciplinary process as fair and reasonable.
If however the manager decides that there is still a case to answer the proposed action
should be determined and the next interview planned. Having decided the action based on
the facts the manager should identify any other information from other managers and from
the individual’s record that ma y enable the manager to reduce or increase the severity of
the action
Proposed Action When deciding on the proposed action the manager should check the employee's
disciplinary record, this may contain some things which when added to this particular case
may call for action beyond the authority of the investigating manager. In these
circumstances the investigating manager should involve a senior manager with the
necessary authority to carry out (if they agree with it) the proposed action of the
investigating manager.
The manager should make sure that the proposed action is both fair and consistent by
checking on the outcomes of similar cases and identifying and evaluating the effects of
mitigating the normal penalty in this particular case. Talk to personnel and fellow
managers about these effects before a decision is made.
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