How can you effectively discipline employees who resist disciplinary action?

1 Understand the reasons for resistance

Before you initiate any disciplinary action, it is important to understand why an employee may resist it. Common reasons include disagreement with the facts or evidence, lack of understanding of the policies or procedures that were violated, feeling that the disciplinary action is unfair, or having personal or professional issues that affect their behavior or attitude. Additionally, there may be a history of conflict or mistrust with you or the organization. To address these reasons, you should tailor your communication and intervention. Provide clear and specific feedback, explain the rationale and consequences of the disciplinary action, offer support and resources, and demonstrate empathy and respect.

2 Follow a progressive discipline process

A progressive discipline process is a series of steps that increase in severity depending on the nature and frequency of an employee's misconduct or performance issues. This process typically consists of a verbal warning, written warning, suspension, and termination. By following a progressive discipline process, you can demonstrate fairness and consistency in applying the rules and expectations, while also giving the employee a chance to improve their behavior. It is important to document each step of the process, including the date, time, details, and outcomes of the disciplinary action, and keep a record of it in the employee's file. This will ensure that you are able to provide evidence of your efforts to address any inappropriate behavior.

3 Communicate clearly and professionally

Communication is essential for successful disciplinary action. It is important to communicate clearly and professionally with the employee throughout the process, avoiding any ambiguity, hostility, or emotion. When having a disciplinary meeting, it is best to choose an appropriate time and place, preferably in private with a witness. During the meeting, be sure to explain the purpose and objective of the meeting, state the facts and evidence of the situation, listen to the employee's perspective and acknowledge their feelings and concerns. Additionally, explain the policies or procedures that they violated as well as the consequences and expectations of the disciplinary action. Ask for their commitment and agreement to the disciplinary action, provide feedback and support, and follow up with a written confirmation of the disciplinary action. Finally, monitor their progress and performance.

4 Handle common scenarios

Sometimes, you may encounter some common scenarios that require additional attention or intervention when disciplining employees who resist disciplinary action. Examples include employees denying or disputing the facts of the situation, arguing or interrupting during the meeting, refusing to sign or accept the disciplinary action, or appealing or filing a grievance against it. In these cases, it's important to remain calm and professional, and use effective conflict resolution skills. Additionally, consulting with your human resources department or legal counsel can help ensure that you follow the appropriate policies and procedures, and protect yourself and the organization from any potential liability or litigation. Disciplining employees who resist disciplinary action can be a difficult and delicate task, but by utilizing these strategies, you can improve your disciplinary and grievance communication skills while maintaining a positive and productive employee relations.

5 Here’s what else to consider

This is a space to share examples, stories, or insights that don’t fit into any of the previous sections. What else would you like to add?