Managing Employee Disciplinary Delay Tactics

image showing women talking about workplace investigations | disciplinary delay tactic

In any workplace, maintaining a fair and productive environment is crucial. When an employee’s behaviour brings rise to disciplinary action, it’s important to address the issues promptly and effectively. However, some employees employ delay tactics to avoid disciplinary actions, creating additional challenges for managers and HR professionals. In this blog, we’ll explore common disciplinary delay tactics, their implications, and strategies for managing them effectively.

workplace investigations with board members | disciplinary delay tactics

Common Disciplinary Delay Tactics

Disciplinary delay tactics are strategies used by employees to postpone or avoid facing the consequences of their actions. These tactics can vary widely and may include:

  1. Claiming Ignorance: Employees may feign ignorance of policies or expected behaviour to buy time or elicit leniency.
  2. Raising Grievances: Employees may raise a complaint against their manager or another staff member to shift focus or attempt to discredit the disciplinary proceedings.
  3. Medical or Personal Issues: Going on sick leave commonly with stress, or citing personal issues to delay meetings or investigations can be another common tactic.
  4. Avoidance: Simply avoiding meetings and ignoring communication is another way employees may attempt to delay the process.
image showing women talking about workplace investigations | disciplinary delay tactic

Managing Delays

It can be a natural reaction to think that circumstances arising are a calculated way of disrupting the process and part of the employee’s defence against them but is important to keep an open mind and consider how to respond fairly and appropriately.

Clear Communication and Documentation

From the outset, have clear HR Policies in place and ensure that all employees are aware of these company policies, including disciplinary procedures. Clear communication sets expectations and reduces the likelihood of genuine misunderstandings. When an issue arises, document every step, including communications, meetings, and decisions. This documentation can be invaluable if the situation escalates or if legal issues arise.

Establish and Adhere to Timelines

Set specific timelines for each step of the disciplinary process, from the initial investigation to the final decision. Communicate these timelines to the employee and stick to them as closely as possible. If an extension is requested, consider the validity of the reason to avoid unnecessary delays.

Be Consistent and Fair

Consistency is key in managing disciplinary issues. Ensure that all employees are subject to the same rules and procedures. Fairness in applying these procedures can reduce claims of bias or unfair treatment, which are often used as delay tactics.  There are some circumstances where pausing the disciplinary process or hearing it alongside the disciplinary proceedings are advisable.  Please seek advice to ensure fairness.

Prepare for Common Disciplinary Delay Tactics

Be proactive in anticipating common delay tactics. For example, if an employee cites medical issues, request appropriate documentation, such as a doctor’s note and refer them to Occupational Health for advice on whether they are fit to attend the disciplinary hearing. If they challenge procedures, be prepared to explain and justify them clearly and confidently.

Maintain Professionalism and Empathy

While it’s important to be firm, also approach the situation with empathy. Understand that disciplinary actions can be stressful, and there may be genuine reasons behind an employee’s behaviour. Listen to their concerns and address them appropriately, but do not let sympathy cloud your judgment or delay necessary actions.

Seek HR Guidance

In complex cases, especially where legal implications are possible, consult with HR professionals. They can provide guidance on adhering to laws and regulations, ensuring that the disciplinary process is conducted fairly and legally and avoid costly litigation.

Conclusion

Managing disciplinary delay tactics requires a balanced approach that combines firmness with empathy. By being prepared, communicating clearly, and adhering to established procedures, you can navigate these challenges effectively and maintain a fair and productive workplace.

 If you need further advice on a disciplinary challenge Contact us today info@saxonhrconsultancy.co.uk or 01795 390010.


Resources

Taking disciplinary action against an employee