Disciplinary action?

[squinny]

Hi

Just looking to see if anyone knows if disciplinary action be taken against serveral employees when it cannot be determined who was at fault after investigation?

 

[pentel]

Yes, action can be taken on the balance of probabilities

 

[Ian J]

Yes, action can be taken on the balance of probabilities

Are you sure as if any employer tried to punish me for something that I hadn't done there would be all hell to pay

 

[UKSBD]

Are you sure as if any employer tried to punish me for something that I hadn't done there would be all hell to pay

There have been a few posts on here over the years saying the same.

 

[Newchodge]

If, for example, an employer's till was short of £500 they have to carry out an investigation. If the thorough investigation proves, on the balance of proabilities, that 1 of 3 people took the money, but cannot prove which of the 3, it is perfectly acceptable (except to the innocent 2) to sack all 3. There is quite a lot of case law about it.

The most important part is the thorough investigation.

 

[Bob Morgan]

'Risk' is an inherent part of the Employment Process!

 

[Jeff Nev]

It is difficult to come to a firm conclusion without further details, but as another poster has said there is the strong possibility of the company using 'Balance of Probabilities'.

Regards

 

[Financial-Modeller]

There is a commercial decision to undertake, irrespective of the excellent HR advice provided.

If the group includes key members of staff, e.g. the top three sales people out of a sales team of four, and the value of the loss is lower than the cost of management time used up with the disciplinary process, there might be better ways to handle this.

If on the other hand the company employs a thousand people in identical low-skilled roles, who can be easily replaced and the value of the loss is significant, embarking on disciplinary action for a group of three may act to improve standards across the remaining workforce of 997.

Also, if a significant fault/loss, consider updating processes, controls etc to eliminate or reduce the likelihood of the fault/loss occurring again.

 

[Bob Morgan]

Just as I said last month "RISK is an inherent part of the Employment Process!" It should be acknowledged and planned for accordingly!