"Woofgang, in your comments on this you have been very clear that you are totally behind our new manager taking staff to task if they breach any rules such as exceeding allocated break times.
As far as I'm aware disciplinary procedures have a number of steps such as it can start with a quiet word or arranging a hearing where a warning is given. Any further breach can then result in a further hearing where a formal written warning is given and then possibly dismissal.
I recall you said she has already had a word with everyone at a meeting so there is no need for a quiet word, so hypothetically, if you were the manager how would you deal with it? Say you see someone exceeding a break time on a first occasion, would you set up a hearing and formally discipline the member of staff?"
If I had said I would do it, then I would do it but she will probably need to follow the process. I used to work in the NHS both as a manager and a clinician, now retired. I am not sure if it has changed, but the formal process then was
1. Confidential recorded interview noted on employee's record. Employee views what is added to their record and may have a copy.
The intention here is to understand why the rule/rules are being breached and to ensure that the employee is able to comply. Employee may bring a colleague but that automatically escalates the process to level two
2. Formal minuted interview with colleague or union rep present if employee wishes. At this point manager must produce objective evidence of the rule breach. Again objective is to understand why the rule breach plus any reparation (eg extra time worked to make up for extra break time taken) All attenders get a copy of the minutes and one is placed in employees file. There is often a review meeting scheduled.
3. At this point it gets serious. Issue is escalated to senior manager(dismissing officer) and HR. A formal investigation is conducted by someone who is outside the employees management stream, either HR or a colleague manager (who may be managed by the same senior manager) depending on outcome (formal written warning, formal final written warning, other action, dismissal) there may be a review, further hearing or immediate dismissal. formal written warnings or final written warnings may be given earlier in the process if appropriate.
I have never been disciplined although I have had complaints against me investigated and dismissed. I have been involved in all other stages of the disciplinary process. In my last role, my jobshare partner and I inherited a bolshy team from a useless previous manager. Most of them had been partway through the disciplinary process at some point and thought they were fireproof. My partner and I rolled up our sleeves and set to work. Its not pleasant looking into the eyes of a work colleague and going through the process. Being involved in the dismissal of a colleague is horrible. At the point where I retired early, I was offered promotion to stay on for a year and "sort out" another team. I declined.