Misconduct

If an employee is doing what she or he shouldn't be doing, then you have a duty to address the issue as soon as possible. Proper handling of employee misconduct is not easy, as many small employers, including the voluntary sector, have learned to their cost. Industrial tribunal awards can be high, because they look not only at why you've sacked someone, but the circumstances and how you went about it. See the dismissal case study and follow these pointers to avoid the most obvious problems:

• Have a clear set of disciplinary rules that set standards relevant to your charity's objectives.
• Remember that the purpose of a disciplinary procedure is to correct, not punish, so incorporate incremental warnings with targets for improvement before finally dismissing anyone.
• Make sure that everyone understands the process and is able to comply with its requirements.
• Ensure that both sides have their say in accordance with the principles of natural justice.
• Only sack staff for a first offence if their 'crime' is so serious that they have broken all trust of their employer.
• If in any doubt, seek professional advice - it's much cheaper now than at the tribunal later.

Find out more about other staff issues and examples in the In more depth section.