Disciplinary action ---

Disciplinary action: Key principles to be aware of

Example: A letter of reprimand (postal letter, email) or any other formal written communication is considered a first-stage disciplinary measure.

For example, if you send an employee a letter in which you criticise their behaviour and inform them of the resulting loss of trust, and then dismiss them a month later, this is unlawful, as your disciplinary powers have been exhausted. An employee cannot be disciplined twice for the same offence.

The dismissal is deemed to be without real and serious cause. The courts will consider that, as the letter was likely to affect the employee’s career, it constituted a warning. It was therefore not possible to impose a second sanction on the employee.

The decision would have been different had the employee’s misconduct continued after the letter was sent. Dismissal for ongoing misconduct is, in fact, permitted even if an initial disciplinary measure for similar conduct has already been taken.

Advice: When one of your employees has engaged in misconduct, you have the option of imposing a disciplinary sanction on them.

There is a whole range of disciplinary measures available: a warning, demotion, dismissal, etc. Consult the company’s internal regulations if you have them. These set out the nature and scale of the disciplinary measures at your disposal.

The lightest disciplinary sanction is a written warning. In principle, it is not necessary to follow the disciplinary procedure to issue one. Similarly, unless otherwise stipulated in a collective agreement, no specific formalities are required. The employee must simply be informed in writing of the allegations against them.

It is therefore essential, when serious breaches are identified, not to act in the heat of the moment by sending a letter or email of reproach to the employee, so as not to forfeit any future possibility of imposing a sanction…