Running a business is rewarding, but tough. And managing a team of employees can be one of the biggest challenges that small business owners face.
While many workers will behave appropriately, unfortunately, employee misconduct does happen. And, if it’s not dealt with appropriately, small businesses can suffer significant setbacks.
Without proper HR policies and procedures or without understanding best practices and following legislation, employers risk allowing inappropriate behaviour to escalate into more serious incidents of gross misconduct.
So, let's look at some of the most common misconduct issues that employers in Ireland are usually faced with…
What is the difference between misconduct and gross misconduct?
Before we look at the top ten misconduct scenarios, it's important for employers to know the basics: what is the difference between misconduct and gross misconduct?
In short, gross misconduct is defined by the severity of the incident. Any behaviour that is unprofessional or falls short of expected standards in the workplace can be classified as misconduct. For misconduct to be deemed gross misconduct, it must be so severe that it destroys the relationship between the employer and the employee.
In that case, summary dismissal is often the only way for an employer to deal with incidents of gross misconduct.
How do I prevent misconduct?
Prevention is key to managing these situations. Whether you believe misconduct is minor in nature or amounts to gross professional misconduct, having a Code of Conduct can help you establish the standards of behaviour you expect.
It's also vital to have appropriate disciplinary policies and procedures in place, to clearly set out how misconduct issues will be managed.
These policies will typically detail a step-by-step process to follow when dealing with cases of both minor and gross misconduct.
A good minimum standard for your disciplinary procedures is to apply the principles within the Code of Practice on Grievance and Disciplinary Procedures.
It's important that disciplinary issues should be attempted to be resolved between the employee in question and their immediate manager or supervisor.
However, this informal or private method may not always be suitable, particularly in the case of any of the following, ten most common scenarios of misconduct.
1. Frequent Absence or Lateness
One of the biggest HR misconduct issues can be staff missing work or frequently showing up late. These scenarios can both a negative impact on productivity and on the morale of employees who do show up on time.
2. Dishonesty
Dishonesty can include lying to co-workers, managers, or engaging in any form of fraudulent activity, like theft, for example. It is important to fully investigate any allegations of dishonesty before taking any disciplinary action.
3. Conflict of Interest
Your staff should not engage in any activity that would prejudice their ability to serve your business. If an employee sets up a business that competes with your own, for example, this is likely to be a fundamental breach of the employment contract. You can also detail expectations further with restrictive covenants.
4. Abuse of Company Equipment
You should have a policy in place specifying the appropriate use of company property. If staff are found to be using company equipment for personal gain, you may choose to take disciplinary action.
5. Harassment or Bullying
Treating employees differently based on race, gender, age, religion, or any other personal characteristic found in the Employment Equality Acts is illegal. If you do not take action to show you've taken all reasonable steps to prevent harassment, even if you are not personally responsible for any incident that occurs, you could end up facing a costly discrimination claim.
Likewise, you need a strong anti-bullying policy that is backed up by training to avoid being found vicariously liable for bullying that happens in your workplace.
6. Misrepresentation
Employees who provide false or misleading information about their level of education or work experience are likely to be guilty of gross misconduct.
7. Health and Safety
Both employers and employees have duties when it comes to workplace Health & Safety. If employees fail to follow your safety management procedures and endanger their colleagues, you will need to take disciplinary action.
8. Breach of Confidentiality
The unauthorised sharing of confidential business information can be extremely damaging to your business, particularly if it breaches the GDPR (General Data Protection Regulations) and compromises any client information. It is important to safeguard this information and take appropriate action if you suspect there has been a breach of confidence.
9. Unprofessional Conduct
You should have a Code of Conduct in place specifying the standards of behaviour you expect. If staff fall short of these standards in the workplace, you will need to take appropriate action.
10. Insubordination
Insubordination can be classed as when staff fail to follow management instructions or fail to comply with company policies and procedures. In cases of insubordination, disciplinary action is often needed.
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Dealing with employee misconduct
Discovering that misconduct of any kind has taken place can come as a serious shock. And while acting swiftly is key to avoid this negatively impacting your business, it is crucial not to react too quickly and without thinking.
Employees enjoy a right to the benefit of fair procedures before being sanctioned, as well as rights to natural justice—including a right to uphold their good name.
Before any disciplinary action is undertaken, a full investigation should be carried out to establish the facts of any misconduct allegations.
What amounts to fair procedures will vary from business to business. When judging a claim, the WRC will consider the details of the contract of employment, the resources of the employer, and the specific details of the claim.
One fundamental issue to consider, though, is that the employer must ensure that the investigation stage and disciplinary stage remain separate. Once the investigation is complete and a report has been prepared, then you can proceed to a separate and distinct disciplinary hearing stage.
Need help dealing with gross misconduct?
As an employer, you need to follow the right steps to deal with allegations of gross misconduct.
If you're dealing with allegations of misconduct or gross misconduct, it's important to factor in HR advice before making any decisions.
Don't know where to start with an investigation or disciplinary process?
Peninsula offers on-site HR support.
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