MID RJC 2024

Reappraise the Case

The manager needs to make a decision about whether, in 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

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 from taking action which very probably would lead it into a

situation such as a dispute or a tribunal appearance with all the costs 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

t he individual’s record that may enable the manager to reduce or incre ase 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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