Attendance rules

You need to have clear, documented disciplinary rules. All employees should be told about these rules when they start work and reminded of them from time to time. You need to do this for three reasons. The first is so your staff know what is required of them. The second is so you comply with the statutory disputes resolution procedures. Thirdly, timekeeping and absence problems are cancerous if you do not take action, other employees, who will be very aware of the miscreant's behaviour and, seeing nothing being done by management - possibly even having to do extra work because of the lateness/absence - will start to operate on a "me too" basis.

You should write to the unpunctual employee explaining your concerns about his timekeeping, giving the dates and details of his lateness and ask him to attend a meeting. Explain in the letter that at the meeting he will have: the right to state his case; the right to be accompanied/represented by a fellow employee or trade union representative; and the right to appeal if you take a decision he disagrees with. The letter should contain full details of the lateness, for example, day, date, due start time and actual start time. Look for any patterns. Notify him of when and where the meeting is to take place and give him adequate time to prepare. If you intend to rely on any documentation, such as clock card entries, provide him with copies. Finally, warn him in the letter that if he cannot provide a satisfactory explanation, he will be receiving an official warning. The level of this depends on the severity of the offence. Hold the meeting at the specified time and date, remind him of his rights at the start, and ensure you have a competent note taker.

If you take time and trouble to prepare a detailed letter at the commencement of proceedings it will benefit you in two ways. Firstly, it becomes an aide-memoir and you can work from it at the hearing and for the final decision letter whatever that might be. Secondly, the importance of the letter and the fact that it should be properly constructed, complying with both your contractual terms and conditions, and the requirements of the statutory disputes resolution procedures. Therefore, should it end in tribunal, the letter will assist you because you have the advantage of professional, compliant documents and procedures.

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