08 Sep To discipline or not to discipline? Pause, ponder then proceed

An employer can discipline an employee if they have sufficient concerns about their conduct or capability. However, the decision to discipline is a serious one that warrants consideration wherever possible of all of the available facts.

Pause and ponder before proceeding

When faced with a potential disciplinary matter, it is helpful for you (the manager) to pause and consider before proceeding. Pausing allows you to stop and think pertinent questions such as:

• What does the disciplinary policy say?
• Is this a conduct matter?
• Do I have all of the available information to make a sound decision?
• Am I making a decision based on fact(s) or feeling(s) or perception(s)?
• Have I obtained HR advice?
• What else do I need to know or ask?

Let’s see this played out in two scenarios.

Scenario A 

Sarah is an experienced nurse working in a surgical ward. Just before she went off on-duty, she administered penicillin to a patient that was admitted to the ward earlier that day. The patient suffered a severe adverse reaction. The patient’s husband complains, demanding action. Charge Nurse Alex is assigned to deal with the complaint.

Alex contacts Sarah to inform her of the incident and that a disciplinary investigation will take place. Sarah attempts to tell Alex her side of the story. However, Alex, says that she will be able to do so at the disciplinary investigation meeting. Sarah is assigned non-patient contact duties.

Two weeks later, Sarah and her trade union representative attend the disciplinary investigation meeting. The investigator explains that it has just come to her attention that the patient had informed the admitting doctor that she had no allergies of any kind. However, unbeknownst to the patient, she was, in fact, allergic to penicillin. The investigator apologises to Sarah and explains that there will be no further disciplinary proceedings. Sarah is relieved that the patient is ok and, the matter resolved, but she is left feeling angry with the treatment she has received.

Scenario B

The same scenario applies but this time:

Alex reviews the content of the complaint and determines that he needs to consider all of the available facts including the duty rota, patient notes and speak to Sarah and the patient to obtain their version of events.

Alex meets with Sarah and informs her of the patient’s complaint. He explains that he is considering all of the available facts, including her version of events before determining what if any further action is appropriate. Alex tells her that he will complete his review by the end of the week. In the meantime, Sarah can only administer drugs under supervision. He acknowledges that this is a difficult time and provides details on the support available to her.

Alex meets with Sarah at the end of the week. He explains to Sarah that a thorough review of all the information has confirmed that she administered the drug correctly. The patient had reported to the admitting doctor that she had no allergies of any kind. However, unbeknownst to her, she is, in fact, allergic to penicillin. Alex said that the patient was keen to point out Sarah’s professionalism. Sarah is relieved that the patient is well, and she thanks Alex for the supportive way in which he dealt with the issues.

Always check

These two scenarios illustrate how crucial it is to consider all the available facts before proceeding. In fairness to everybody (including yourself), clarify (where possible) all of the information available to you and seek appropriate advice to ensure your decisions are well-considered and documented.

© Dawn H Jones is an HR Specialist.

Initially posted 19 Nov 2019; minor revisions 8 September 2020.

Please note that this post does not constitute specific HR or employment law advice if you require help please contact an appropriately qualified professional or email info@hopeplace.co.uk