Everyone makes mistakes; that is a fact. But what happens when a staff member makes a mistake that has disastrous consequences for the Company, or the client of a Company? And how does a small business handle the fall out? In this month’s HR update, prompted by feedback from the last update, we take a look at this thorny subject.
You may remember last year Ealing Council’s IT network was infected by a computer virus that brought all its services to a halt after an employee plugged an infected USB memory stick into their computer which then infected every single Council computer and tried to connect with over 500 Internet sites. Ooops. What are the employment law implications of this situation? How does an employer deal with these kinds of mistakes, particularly those which can result in financial loss or reputational damage?
For the answer, an employer needs to investigate the error and what exactly happened. Was it a case of negligence, deliberate disregard for procedure or perhaps a genuine error on the employee’s part? And what happens if the mistake affects a particularly valuable client?
Supposing, in the case above, the employee had deliberately disregarded the IT policy by bringing in external IT equipment; this would be subject to disciplinary action, and subject to the explanation, action could be taken against the employee. If it was a genuine mistake, perhaps she picked up the wrong USB stick, then probably the fact that her actions caused such disruption would prevent similar occurrences. Check your policy and if issues occur, consider amending and reissuing it to staff.
What if a client is particularly disrupted and financially affected by a mistake an employee has made? And what if they demand action to be taken against the employee? This could mean a warning, removal from working on their account or even dismissal. Such dismissals may potentially be fair – under the “some other substantial reason” – however, caution should be taken here. You’ll need to consider, amongst other factors, the severity of the mistake, the resources and size of the Company and the significance of the client.
The lesson here is that you need to be fair, firm and consistent in dealing with employee mistakes, and make sure policies and procedures are amended in the wake of any errors; i.e. learn from your mistakes!
If you have a topic that you’d like us to cover in a future update, please let us know by emailing us at Adviceline@vizualhr.com.
The information contained above is for guidance only and represents our understanding of employment law and employee relations issues as at 27th May 2010. VizualHR cannot be held responsible for any action or inaction taken in reliance upon the contents. Specific advice should be sought on any individual matter.
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