STEP-BY-STEP

DISCIPLINARY
PROCEDURE IN
IRELAND FOR 2024
A disciplinary procedure is essential for every employer to ensure a fair,
efficient, and caring working environment and to maintain high standards of
operation, customer service and health and safety.

The disciplinary procedure should be designed to provide an objective and

consistent process to address issues of misconduct, capability, competence,
qualifications, or failure to meet company standards relating to behaviour or
performance.

It should emphasise and encourage improvement in the conduct of

employees, where they are failing to meet the required standards, and
should not be a means of punishment.
 • Disciplinary procedures are vital in the workplace to
ensure discipline and standards are maintained and
adhered to at all times. In order to maintain, good
working relationships within the workplace, the
disciplinary procedure should be observed by all and
in line with the principals of natural justice and
fairness.

WHAT ARE • The disciplinary procedure gives management a

framework for upholding acceptable standards and

DISCIPLIN
gives employees access to channels through which
alleged poor standards, conduct and behaviour can be
treated fairly and in an appropriate manner. It is
crucial that such procedures exist and all staff who will

ARY be affected by them are aware of their function and

purpose.

PROCEDUR
• The
Code of Practice on Grievance and Disciplinary Proced
ures
provide guidelines for the procedure and outlines best

ES?
practice in the management of disciplinary issues. It
clearly states the importance of fair and consistent
procedures and the right to representation.
• An employer should have a disciplinary procedure in
place that all employees are aware of. Several
sanctions should be provided for with an internal
appeal mechanism in place.
• It is always best practice to deal with a performance
or behavioural issue at the earliest point possible. This
ensures that the employee is aware of the need for
improvement and that positive reinforcement works
well at an early stage. This should be adhered to by
providing informal counselling to the employee.
 • Employers should adopt an approach
involving coaching and advice about
minor infringements and try to find
positive means of resolving issues. This
ensures that the morale and potential of
the employee will not be damaged.

INFORMAL • Where there is an incident of minor

misconduct or a minor reduction in
satisfactory performance, the employer
COUNSELLI should, in the first instance, discuss it
with the employee and give guidance on

NG AT how to improve. This is known

as informal counselling.

WORK • Counselling employees should be a

normal part of a manager’s/supervisor’s
role and should not be viewed as
something which inevitably leads to
disciplinary action.
• If performance and/or conduct has not
been sufficiently improved or she/he has
failed to meet any of the company’s
performance or conduct standards within
the specified time scale, then the formal
disciplinary procedure may be invoked.
WHAT ARE • An employer may have different
stages within their disciplinary

THE
procedure. The most common
stages in Ireland are as follows:
• Stage 1 – Verbal Warning
STAGES OF • An employee whose work, conduct
or attitude becomes unsatisfactory
THE will be given a verbal warning by
his/her manager. This warning will

DISCIPLIN be recorded in the

employee’s personnel file.

ARY
• Stage 2 – Written Warning
• If the employee’s conduct,

PROCEDUR
performance, or attitude remains
unchanged or further incident
requiring disciplinary action arises,

E? the manager will give a second

warning. This warning will be
confirmed in writing to the
employee and a copy also be kept in
the employee’s personnel file.
• Stage 3 – Final Written Warning

• On this occasion or if further incident

requiring disciplinary action arises, the
employee will be given a set period to
improve performance and will be informed of
the consequences if no improvement occurs
or if further incident requiring disciplinary
action arises. This written warning will be
issued to the employee and a copy kept on
the employee’s file.
• Stage 4 – Demotion, Suspension or
Dismissal

• If the time limit set at the final written

warning stage expires and there is no
evidence of significant improvement on the
part of the employee or further incident
requiring disciplinary action has arisen, then
the employee will
be suspended or dismissed, as deemed
appropriate by management.
• The employer reserves the right to skip
stages of the sanctions above in line with
the severity of the breach of company
procedure. An employer should contact their
HR Consultant if they require support in
carrying out the disciplinary procedure.
 • Each disciplinary process must
have separation of process.
SEPARATI This means that there should
be three separate and distinct
ON OF stages – the investigation, the
outcome and the appeal. The
PROCESS manager involved in each
stage should have no input
into any other stage. This is to
ensure impartiality throughout.
 • Gross or serious misconduct is behaviour that
severely violates the trust that must exist between
the employer and their employee. It effectively
destroys the working relationship and may justify
immediate termination.
• Examples of Gross or Serious Misconduct

WHAT IS • The following list contains some of the principal

matters under the heading of gross or serious

GROSS OR misconduct:
• Theft or fraud or attempted theft or fraud if proven.

SERIOUS • Breach of Honesty Policy.

MISCONDU
• Failure to comply with Safety and Health
Regulations.
• Negligent practice in the use of equipment or

CT? working in a generally unsafe manner.

• Breach of policy on illegal drugs/substance abuse.

• Physical assault or fighting.

•
• Making or supporting false allegations.
• Serious bullying, harassment, sexual harassment.
• Criminal acts.
• Abuse of policies/procedures.
 • In the case of gross or serious
misconduct, management will carry out a full
investigation. An employee may be suspended
pending a full investigation. If an employee is
found guilty of gross or serious misconduct, they may

How to •
receive the following sanction:
Final warning

deal with • Demotion (if applicable)

Gross • Suspended from duty without pay

Miscondu
• Dismissed from their employment.

• Every employer must have a disciplinary procedure

ct
in place which outlines the reasons for it. Employers
should ensure that all employees have received a
copy of the workplace disciplinary procedure which
they have signed off on.
• This provides an employer with the guarantee that
they can correctly manage disciplinary issues in the
workplace. A disciplinary procedure, when properly
executed, enables all employees to receive the same
treatment when a disciplinary issue arises, thus
having one in place and making it known to all
employees will eliminate any ambiguity or claims of
unfair treatment.
• In line with the
Code of Practice on Grievance and Disci
plinary Procedures
, every employer must have a
disciplinary process in place in order to
keep high standards of operation,
customer service, health and safety,
and to guarantee a fair, effective, and
compassionate working environment.
• Instead of serving as a form of
punishment, the disciplinary procedure
should motivate employees to behave
in an improved manner when they fall
short of the necessary standards.
• It is vital that there is a fair and
transparent disciplinary process in
place, and both the management and
the employee are aware of their
positions within the company.
• It is important that all employees
within the company view the
disciplinary procedure as fair and
should an issue arise, they are aware
that fair procedures will apply.
 • The most common type of
disciplinary procedure in Ireland
WHAT IS THE has a 4-step process. This
includes:
MOST 1.Verbal warning
COMMON
TYPE OF 2.Written warning.

DISCIPLINARY 3.Final written warning

PROCEDURE?
4.Dismissal
WHAT IS A FORMAL DISCIPLINARY PROCESS?

A formal disciplinary process is created to ensure a The procedure in the workplace should emphasise and
consistent and objective method for dealing with concerns motivate employees to improve their conduct when they fall
about performance or behaviour in the workplace. The short of the necessary standards rather than serving as a
reason for disciplinary procedures is to highlight the rules form of punishment.
and procedures to employees.
HOW MANY WARNINGS BEFORE DISMISSAL?

In disciplinary procedures in Ireland, there are normally 3 formal stages

before dismissal. In the case of gross or serious misconduct, immediate
termination may be justified. In all cases of discipline, the employee will
have the right to a fair hearing.

The matter should be fully and fairly investigated, and the employee should
be informed of the reason for the discipline and have the full right to reply.
CAN YOU GET FIRED ON YOUR FIRST DISCIPLINARY?

Normally, the first stages of the disciplinary procedure will be invoked. This
will provide an employee with the opportunity to improve their behaviour
or performance. The immediate termination of an employee may be
appropriate in cases of gross or serious wrongdoing.

The employee will always be entitled to a fair hearing in any case of

discipline. The employee should be notified of the cause for the discipline
and given the full right to respond once a thorough and impartial
investigation has been conducted.