HRD & Payroll Solutions continues to bring HR Zone members a range of HR tips. This week's tip looks at varying custom and practice.
Q: We have a strict no-smoking ban but I know that some employees do have a smoke on the sly. I am looking to dismiss the first person I catch for gross misconduct but have been told that custom and practice may have been established. How do I stand?
A: Reply
Custom and practice will have been established only if management has condoned it by, for example, turning a blind eye. Even so employees may have come to understand that it is perhaps not such a serious matter and this could count against you if you suddenly dismiss someone. I therefore recommend that you make clear to everyone that, whilst you are aware that some people have been smoking, it is strictly forbidden and from now on will attract appropriate disciplinary action. If you wish it to be treated as gross misconduct, giving you the right to dismiss summarily, make that clear in your rules.
Previous HR tips
Gross misconduct
Employee sent to prison
HR Tip – Probation periods
Breach of notice period
Notice for senior staff
Developing women managers
A promotion that failed
Fixing holidays
Holiday for temporary employees
A redundancy problem
Behaviour outside work
Suspension from work
Informing employees of new legislation
Deductions from wages
Children on site
Workplace affairs
Disabled workers
Attitude problems
Redundancy selection
Custom and practice
Working Bank holidays
Disciplinary and dismissal procedures
Time off work for funerals
References
Translating rules
Banning smoking at work
Burden of proof
Contracts of employment
