First published: February 23rd 2023
Last updated: February 23rd 2023
Running a business is a tough but rewarding job. And managing a team of employees can be one of the biggest challenges small business owners face.
While the vast majority of employees will be conscientious colleagues, it’s an unfortunate fact that small businesses can suffer a serious setback if employee misconduct is not dealt with.
And without proper HR policies and procedures, employers risk allowing inappropriate behaviour escalate into more serious incidences of gross misconduct.
So, in this week’s post, we take a look at the most common misconduct issues that Irish employers have to manage…..
What about gross misconduct?
Before we look at the top ten, many employers want to know the difference between misconduct and gross misconduct?
What amounts to gross misconduct is a question of severity. Any behaviour that is unprofessional or falls short of reasonably expected standards in the workplace can be classified as misconduct.
For misconduct to be deemed gross misconduct, it generally has to be so severe that it destroys the relationship between the employer and employee.
Summary dismissal is often the only way for an employer to deal with incidents of gross misconduct.
How do I prevent misconduct?
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 that clearly set out how misconduct issues will be managed.
The policy will typically set out 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 set out in the Code of Practice on Grievance and Disciplinary Procedures.
As a general rule, an attempt should be made to resolve disciplinary issues between the employee concerned and his or her immediate manager or supervisor.
However, this informal or private method may not always be suitable, particularly in the case of any of the following….
1. Frequent Absence or Lateness
One of the biggest HR misconduct issues, staff who are missing work or frequently showing up late have both a negative impact on productivity and a negative effect on the morale of employees who show up on time.
2. Dishonesty
Dishonesty can include lying to co-workers, managers, or engaging in any form of fraudulent activity. It’s 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.
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 will likely need 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 don’t take action to show you have taken all reasonable steps to prevent harassment, 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 very damaging for your business. It’s 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
If staff fail to follow management instructions or fail to comply with company policies and procedures, you will need to take disciplinary action.
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Dealing with employee misconduct
Discovering that misconduct of any kind is impacting your business can come as a serious shock. It’s important not to make any kneejerk reactions, however.
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.
A full investigation should be carried out to establish the facts of any misconduct allegations before confirming any disciplinary action.
What amounts to fair procedures will vary from business to business. When adjudicating a claim, the WRC will take into account the details of the contract of employment, the resources of the employer, and the specific details of the claim.
One fundamental issue to consider is ensuring that the investigation stage and disciplinary stage remain separate. Once the investigation is complete and a report has been prepared, you can proceed to a separate and distinct disciplinary hearing stage.
Need help dealing with gross misconduct?
If you’re dealing with allegations of misconduct or gross misconduct, it’s a good idea to take expert HR advice before confirming any decisions.
As an employer, you need to follow the right steps to deal with allegations of gross misconduct.
If you don’t know where to start with an investigation or disciplinary process, Peninsula offers expert on-site HR support.
Need more information about HR support? Call us on 1800 719 216.
