Employers not putting rules in writing?
Discussion
Am I right in thinking that if you want to discipline someone, unless it's obvious misconduct, then the rule has to be in writing?
For example - "You must always take a drink from the water cooler when you pass it, even if you're not thirsty". If this isn't written in any company literature, or indeed in law, can it be used as the basis of a disciplinary if Bob walks past and doesn't use it?
Forgive the slightly odd example, it's an open case at the moment so I'm having to be vague.
For example - "You must always take a drink from the water cooler when you pass it, even if you're not thirsty". If this isn't written in any company literature, or indeed in law, can it be used as the basis of a disciplinary if Bob walks past and doesn't use it?
Forgive the slightly odd example, it's an open case at the moment so I'm having to be vague.
Is there no contract which outlines the kind of behavior expected?
When issuing a warning I would follow some fairly mainstream actions:
(1) invite the employee to a disciplinary meeting, giving the the chance to bring a colleague or other person.
(2) I would list examples and explanations of unsatisfactory behavior/performance, with times and dates. This might be time wasting, failing to consider other employees, ignorance of established procedures etc. I would give examples of acceptable behavior/required performance.
(3) If possible I would then include references to the contract/employee handbook/statement of particulars for any relevant bits covering the issue.
(4) I would try and give bullet point directions as to how they should improve.
(5) I would ask the employee to accept the warning by signing it after a cooling off/thinking period of a week.
The omission of references to a written rule should not be a show stopper - so long as the disciplinary is reasonable and so long as effort is put into detailing the other bits noted above.
When issuing a warning I would follow some fairly mainstream actions:
(1) invite the employee to a disciplinary meeting, giving the the chance to bring a colleague or other person.
(2) I would list examples and explanations of unsatisfactory behavior/performance, with times and dates. This might be time wasting, failing to consider other employees, ignorance of established procedures etc. I would give examples of acceptable behavior/required performance.
(3) If possible I would then include references to the contract/employee handbook/statement of particulars for any relevant bits covering the issue.
(4) I would try and give bullet point directions as to how they should improve.
(5) I would ask the employee to accept the warning by signing it after a cooling off/thinking period of a week.
The omission of references to a written rule should not be a show stopper - so long as the disciplinary is reasonable and so long as effort is put into detailing the other bits noted above.
Thanks to all so far - it's nothing blatantly wrong like, it is literally as simple as "if the water cooler is there, use it regardless of whether you're thirsty". I can't be more specific on a public forum, otherwise it'll be me in the office on a charge - if anyone would like a PM to liven up their day...? 
ShampooEfficient said:
Am I right in thinking that if you want to discipline someone, unless it's obvious misconduct, then the rule has to be in writing?
.
No it doesn't need to be in writing but obviously if it isn't the employer runs the risk of the employee claiming to have no knowledge of the rule. .
as with any contract, there are statutory laws covering employment, im,plied terms written on contract, updated terms.
Some terms and conditions may become implied because you have consistently done something over a significant period, eg made enhanced redundancy payments to redundant employees. This is known as custom and practice.
Some terms and conditions may become implied because you have consistently done something over a significant period, eg made enhanced redundancy payments to redundant employees. This is known as custom and practice.
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