Inside Story
There’s a well-known saying in HR that by the time an employee hands in their notice, you’re already six to seven months too late to retain them. While not a scientific rule, it highlights an important reality: employees rarely make the decision to leave overnight. In most cases, resignation is the final step in a long process of disengagement that may have started months earlier. Concerns about workload, career progression, management support, recognition, workplace culture, flexibility, or remuneration often go unaddressed until the employee has mentally checked out and begun exploring opportunities elsewhere. By the time a resignation letter arrives, the employee has frequently weighed their options, discussed their future with family and friends, and committed emotionally to moving on. This is why proactive retention strategies such as regular one-to-ones, employee engagement surveys, stay interviews, career development discussions, and early intervention by managers are far more effective than last-minute counteroffers. The key lesson for employers is that retention begins long before an employee decides to leave, making it essential to identify and address concerns before they become reasons to resign.
Before an employee reaches the point of resignation, employers should regularly ask:
-> Do our employees feel valued and recognised for their contribution?
-> Do managers have regular, meaningful conversations with their team members?
–> Can employees see a clear path for growth and development within the organisation?
-> Are concerns being identified and addressed before they become frustrations?
-> Do we understand why employees stay, not just why they leave?
Retention is not about making a better offer when someone resigns. It’s about creating an environment where employees choose to stay. The most successful organisations don’t wait for resignation letters to reveal a problem; they actively listen, engage, and respond long before an employee starts looking elsewhere.
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Disciplinary Procedures: Building a Fair and Effiective Workplace
A clear and well-structured disciplinary procedure is an essential component of effective people management. It helps employers maintain workplace standards, protect employee rights, and create a fair and respectful working environment. Importantly, disciplinary procedures should focus on supporting improvement and resolving issues constructively, rather than acting as a form of punishment.
Why Every Employer Needs a Disciplinary Procedure
Whether addressing concerns around conduct, performance, attendance, capability, or compliance with company policies, employers must have a consistent process in place to manage issues fairly.
A properly implemented disciplinary procedure:
- Promotes transparency and consistency
- Protects the principles of natural justice and fair procedure
- Encourages early intervention and performance improvement
- Supports managers in dealing with workplace concerns appropriately
- Reduces the risk of claims relating to unfair treatment
In Ireland, the Code of Practice on Grievance and Disciplinary Procedures outlines the importance of fair procedures, impartiality, and the employee’s right to representation throughout the process.
Start with an Informal Process
Not every issue requires a formal disciplinary response. In many cases, concerns can be addressed through informal discussions, coaching, and guidance.
Managers should seek to address minor issues at the earliest opportunity by:
- Explaining the concern clearly
- Setting expectations for improvement
- Providing support where appropriate
- Agreeing reasonable timeframes for improvement
Informal counselling should be viewed as a normal management tool designed to help employees succeed rather than as the first step towards disciplinary action.
When Formal Disciplinary Action Becomes Necessary
When Formal Disciplinary Action Becomes Necessary
If concerns continue despite informal intervention, or where the issue is more serious, employers may need to initiate a formal disciplinary process.
A fair disciplinary process should include:
1. Investigation Stage A thorough and impartial investigation is carried out to establish the facts.
2. Outcome Stage A separate decision-maker reviews the investigation findings and determines whether disciplinary action is warranted.
3. Appeal Stage Employees must have the right to appeal any disciplinary decision to an independent manager who has had no previous involvement in the matter.
This separation of process is critical to ensuring fairness, objectivity, and procedural integrity.
Typical Disciplinary Sanctions
Most disciplinary policies incorporate a staged approach, although employers may reserve the right to move directly to a higher sanction where circumstances justify it.
Gross Misconduct: A Different Approach
Some forms of behaviour are considered so serious that they fundamentally damage the employment relationship and may justify dismissal following a full and fair investigation.
Examples of gross misconduct may include:
- Theft or fraud
- Physical violence or threats of violence
- Serious breaches of health and safety procedures
- Bullying, harassment, or sexual harassment
- Criminal conduct affecting employment
- Deliberate dishonesty or falsification of records
- Substance abuse in breach of company policy
- Serious breaches of confidentiality
While an employee may be suspended pending investigation, suspension should be used carefully and managed in line with company procedures and legal obligations.
Key Considerations for Employers
To ensure disciplinary processes are effective and legally robust, employers should:
✅ Have a written disciplinary policy in place
✅ Ensure all employees receive and understand the policy
✅ Apply procedures consistently across the workforce
✅ Keep detailed records of meetings and decisions
✅ Ensure managers are trained in conducting investigations and disciplinary hearings
✅ Respect the employee’s right to representation and appeal
Final Thoughts
An effective disciplinary procedure is not about punishment. It is about maintaining standards, encouraging improvement, and ensuring that workplace issues are managed fairly, consistently, and professionally.
When employees understand the process and trust that it will be applied impartially, organisations are better positioned to protect workplace culture, maintain productivity, and minimise employment law risk.
How EMGHR Can Help
Managing disciplinary matters can be complex, particularly where investigations, hearings, or allegations of serious misconduct are involved. EMGHR can support your business with disciplinary procedures, workplace investigations, policy development, and manager training to ensure your organisation remains compliant and confident when handling employee relations matters.
Our services include:
✅Employment Law Compliance
✅Manager Training
✅Workplace Investigations / Disciplinary Meetings
✅Grievance Support
Case Law
Case Number: ADJ-00058443
Stirling Taylor V P Mulrine And Sons (Sales) Unlimited Company
A recent Workplace Relations Commission (WRC) decision serves as an important reminder that employers must distinguish between genuine misconduct and an employee’s misunderstanding of company procedures.
Mr Stirling Taylor, a Maintenance Coordinator with over 10 years’ service, was dismissed for gross misconduct after purchasing a tool through a company supplier on behalf of a colleague and arranging the purchase of Guinness Zero kegs for charity events through company channels. The employer alleged that these transactions exposed the company to potential revenue and licensing issues and amounted to dishonesty.
However, the WRC found that the employee had acted openly and transparently throughout. He had paid for the items himself, gained no personal financial benefit, and believed he was acting with the approval of an employee in the accounts department whom he understood had the authority to facilitate such purchases. The Adjudication Officer found no evidence of theft, fraud, dishonesty, or falsification of records.
Total Compensation Awarded
| Description | Amount |
|---|---|
| Unfair Dismissal Compensation | €6,552 |
| Statutory Notice Pay | €5,625 |
| Terms of Employment Compensation | €1,875 |
| Total Award | €14,052 |
Key takeaway for employers:
✅ Ensure employees receive full details of all allegations before any investigation meeting.
✅ Keep investigation and disciplinary stages separate and impartial.
✅ Consider an employee’s length of service, disciplinary record, and intent before deciding on dismissal.
✅ Remember that breaches of procedure do not automatically amount to gross misconduct.
✅ Always provide employees with a written statement of terms and conditions, even where a handbook exists.
Implications for Employers
This case highlights that even where concerns exist about an employee’s conduct, employers must ensure that both the process and the sanction applied fall within the range of reasonable responses expected of a fair employer.
EMGHR Comment:
In this case, the employer characterised the employee’s actions as dishonest and potentially fraudulent. However, the Workplace Relations Commission found that the employee acted openly, paid for the items in full, obtained no personal financial benefit, and reasonably believed he was acting with the approval of a company representative. The Adjudication Officer concluded that the employee’s actions may have been “naïve” or indicative of a misunderstanding of company processes, but they were not dishonest.
The WRC was also critical of the employer’s investigation and disciplinary processes. The employee was not provided with full particulars of all allegations in advance, relevant witness evidence was not disclosed, and there was insufficient separation between the investigation and disciplinary stages. These procedural deficiencies were sufficient in themselves to undermine the fairness of the dismissal.
The financial consequences for the employer extended far beyond the original disciplinary issue. The WRC awarded: €14,052
However, the headline award rarely reflects the true cost of defending an employment claim.
Implications for Employers
Employers should also be mindful of the significant indirect costs associated with defending a WRC case, including:
- Senior management time spent investigating allegations.
- HR involvement throughout the investigation, disciplinary, appeal and hearing stages.
- Legal fees for professional advice and representation.
- The cost of preparing witness statements and hearing bundles.
- Time spent by managers and witnesses attending hearings.
- Potential damage to employee relations and workplace morale.
- Reputational risk arising from published WRC decisions.
- Recruitment, onboarding and training costs if a replacement employee is hired.
- The risk of additional claims where contractual documentation or procedures are found to be deficient.
In many cases, these indirect costs can exceed the compensation ultimately awarded by the WRC.
Partnership
Introducing EMA: The All – in – One Platform for Growing Businesses
Running a successful business means managing people, clients, compliance, recruitment, sales, and operations, often across multiple disconnected systems.
EMA brings everything together in one powerful platform. Designed specifically for growing organisations, EMA seamlessly connects Customer Relationship Management (CRM), Human Capital Management (HCM), Applicant Tracking (ATS), Learning & Development, and business operations into a single source of truth.
By eliminating duplicate data, streamlining processes, and providing real-time insights, EMA empowers business owners and managers to focus less on administration and more on building high-performing teams, strengthening client relationships, and driving sustainable growth.
Whether you’re attracting top talent, managing employee development, improving sales performance, or enhancing operational efficiency, EMA provides the tools to help your business thrive.