Poor disciplinaries are a 'public health issue'

Badly handled disciplinary proceedings are an ‘urgent’ public health issue as costs to businesses rise to £28.5bn a year, according to the UK’s Faculty of Public Health.

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The FPH argues that poorly conducted workplace investigations cause such harm that they should be seen as a threat to public health like smoking or a bad diet.

In a discussion paper published today, the body quotes Acas figures showing that UK employers undertake around 1.7 million disciplinary cases per year.

Dismissals resulting from formal procedures and productivity lost through employee resignations account for 79% of the £28.5bn.

By putting formal ways of handling workplace issues ahead of staff wellbeing, employers could be causing “unintended harm” where investigations are “poorly conducted or applied excessively”, the FPH said.

It is now calling on policymakers, employers, HR professionals and public health professionals to recognise how disciplinaries can be a detriment to workforce wellbeing and ensure there are safeguards in regulation and policies.

The FPH’s paper comes after witness testimony at an inquest last week on the death of Chloe Moffat, who worked at the Treasury as a personal assistant.

After receiving an anonymous complaint at work, Moffat became distressed during the disciplinary investigation but was not reassured that her job was safe.

She was not advised of her rights, nor was she informed that she would be receiving a bonus for good work. The day after a disciplinary hearing she killed herself.

The FPH lists the main challenges of disciplinary investigations as being overly legalistic and rigid; they put managers under strain as they lack training and confidence; while investigators and HR teams also experience stress and emotional fallout.

Organisations that are implementing new approaches such as “protective leave” rather than suspension and simpler policy flows are seeing the benefits, it added.

Its specific advice for HR professionals and industry bodies is to “move beyond compliance-driven frameworks to embrace approaches that safeguard wellbeing and support organisational learning”.

“CIPD and other bodies can play a leadership role by issuing updated guidance, convening sector-wide learning sessions and modelling best practices,” it said.

The FPH’s research into disciplinaries began in the healthcare sector, where it monitored a pilot programme in NHS Wales that only treated disciplinary investigations as a last resort.

This approach reduced investigation cases by 71% and prevented more than 3,000 sickness absence days at Aneurin Bevan University Health Board.

The report’s conclusion states: “The case for change is urgent. Current practices erode trust, deter openness, and waste valuable workforce capacity at a time when sustainability is already under strain.

“By contrast, adopting proportionate, restorative and learning-focused approaches strengthens resilience, reduces harm and enables organisations to thrive.”

Niall Mackenzie, the chief executive of Acas, said the report “reflects our own good practice advice on how early informal workplace resolution is less costly and stressful for employers and workers.”

He added: “Trying to resolve matters informally first will usually be the best approach and benefit everyone involved. Going straight to a formal procedure should not be the default option for handling concerns at work.”

Paul Nowak, the general secretary of the TUC, added: “Badly handled disciplinary processes are bad for business and workers. Every day, trade unions help resolve issues in the workplace and prevent problems from escalating to formal procedures.

“The best way to reduce workplace conflict is for employers to work with a recognised trade union and ensure that workers are supported by a union rep from the earliest stage.”