Ever-increasing employment legislation makes it harder and harder for managers to remember how the law operates in the workplace. However, there are a few simple principles which are easy to remember and which provide a solid basis in helping both staff and managers understand both the spirit and the letter of the law.

The Hot Stove Rule is one such principle and relates to disciplinary measures in the workplace. When you touch a hot stove marked "Don’t Touch" the discipline is immediate, with warning, consistent and impersonal.

So frequently, I have known managers to become exasperated at an employee’s actions (or in some cases, lack of action) to the point that they want to dismiss them instantly or, at the very least, progress to a final written warning. An angry and emotional response to an employee’s behaviour or poor performance will do more harm than good, both in terms of employee relations and with regard to potential financial costs.

Although I may not always give the managers the answer they want to hear, it is important to take a deep breath, step back and reflect for a moment.

Investigating the situation

If you attempt to formally discipline someone without addressing these issues, you may find yourself on the receiving end of a very upset and shocked employee whose defence is that no-one had said anything to them in the past, that they had seen others do the same thing and nothing had been said and that they had no idea they’d done anything wrong.

Key principles to remember