Progressive Discipline

What is progressive discipline?

Progressive discipline is the process of using increasingly serious disciplinary measures to address employee misconduct or other behaviour where the issue is caused by a deliberate action or choice of the employee. The underlying principle of progressive discipline is to use the most appropriate level of discipline to correct the behaviour given the particular circumstance, the employee’s overall work history, and their past disciplinary record. 

When should progressive discipline be used?

Progressive discipline may be appropriate when an employee engages in unacceptable conduct or to address violations of workplace rules, policies, or procedures.

Examples of unacceptable conduct can include:

• Arriving late, leaving early, or missing days without following proper reporting procedures;
• Wilfully failing to follow workplace policies or procedures;
• Misusing company equipment or resources;
• Repeatedly failing to follow reasonable workplace instructions;
• Engaging in inappropriate or prohibited workplace conduct; and
• Wilful neglect of workplace duties.

The appropriate response depends on the nature and seriousness of the misconduct. A first-time occurrence may be addressed through coaching or a verbal warning, while multiple occurrences or serious misconduct may warrant bypassing steps in the progressive discipline process.

What is the progressive discipline process?

A typical progressive discipline process involves several stages.

1. Verbal warning

The employer discusses the issue with the employee and explains what behaviour or workplace expectation needs to change. The employee is given an opportunity to understand the concern and correct their behaviour.

An employer should document the conversation even when the initial discussion is verbal.

2. Written warning

If the behaviour continues, or if the misconduct warrants immediate progression to this step, the employer may issue a written warning. This should clearly explain the issue, the expected improvement, and the potential consequences of further misconduct.

3. Final warning and possible suspension

If the misconduct continues, or if an employee’s misconduct warrants immediate progression to this stage, the employee may receive a final written warning and, depending on the workplace, a suspension. The employee should understand that further violations may result in termination of employment.

4. Termination

If the employee continues to engage in unacceptable conduct or their misconduct warrants immediate progression to this stage, the employee may be terminated from their employment, subject to termination provisions found in the applicable employment standards legislation, the employment contract, or any other applicable agreement.

These stages are not necessarily applied in the same order or used in every situation. Serious misconduct may warrant more serious disciplinary action at the outset.

What is the difference between progressive discipline and performance management?

It’s important to understand that poor performance and misconduct are not the same, and may require different approaches. Both issues need to be properly and promptly addressed, but each has its own process. Progressive discipline and performance management are related but serve different purposes.

Progressive discipline is generally used to address misconduct or a wilful failure to follow established workplace rules, procedures, or policies, or to meet workplace expectations. The focus is on correcting inappropriate behaviour and communicating the consequences of failing to do so.

Performance management, on the other hand, helps an employee meet performance expectations. An employee may be struggling because they lack training, resources, direction, or the skills required for their role, rather than because they engaged in misconduct.

In some situations, poor performance can eventually result in disciplinary action, but employers should first understand the reason for the performance issue and determine the appropriate response. In some circumstances, a performance improvement plan may be more appropriate. 

For more information on the difference between performance improvement plans and progressive discipline make sure to click on the link.

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