What Is a Non Contractual Disciplinary Procedure

When it comes to disciplinary issues in the workplace, employers are often required to follow a disciplinary procedure to ensure that they are acting fairly and consistently. But what if you find yourself in a situation where you are facing disciplinary action, but there is no contractual disciplinary procedure in place? This is where a non-contractual disciplinary procedure comes in.

A non-contractual disciplinary procedure is a set of guidelines and processes put in place by an employer to deal with disciplinary issues, even if they are not included in the employee`s contract. This means that the disciplinary procedures are not agreed upon by both parties and may not be legally binding. However, in many cases, non-contractual disciplinary procedures are followed as a matter of good practice and common sense.

Non-contractual disciplinary procedures often involve informal and formal stages. The informal stage may involve the employee being given verbal feedback on their behaviour or performance. It may also involve the employee being given the opportunity to rectify their behaviour or performance without the need for a formal warning.

If the situation escalates and a formal warning is deemed necessary, the employee may be invited to a disciplinary hearing. This hearing will usually be attended by the employee, a manager or HR representative, and any relevant witnesses. The employee will be allowed to present their version of events and question any witnesses or evidence presented against them.

Following the hearing, a decision will be made as to whether or not the employee is guilty of misconduct or poor performance. If they are found to be guilty, they may be issued with a formal warning, which will be recorded on their personnel file. If the behaviour or poor performance continues, further disciplinary action may be taken, which could ultimately lead to termination of employment.

It is important to note that non-contractual disciplinary procedures should be fair and impartial. The employer should follow the procedure consistently and ensure that all employees are treated equally. Additionally, employees should be informed of the procedure and given a copy of it upon request.

In conclusion, a non-contractual disciplinary procedure is a set of guidelines and processes put in place by an employer to deal with disciplinary issues, even if they are not included in the employee`s contract. They are often followed as a matter of good practice and involve both informal and formal stages. Employers must ensure that these procedures are fair and consistent, and that employees are informed of them.

What Is a Non Contractual Disciplinary Procedure
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