Case Study: Persistent Lateness

Case Study: Persistent Lateness Despite Informal Warnings

A structured approach to a common ER challenge

Managing persistent lateness is a frequent issue for line managers and HR practitioners alike. It seems straightforward on the surface, but can be complex to resolve fairly and lawfully. In this case study, we apply a structured approach to managing this issue in line with UK employment law and good practice.

Scenario

Priya is a Customer Service Assistant at a busy distribution centre. She has worked with the organisation for 18 months and is generally well-liked by her team. Over the last four months, however, she has been repeatedly late — sometimes by five minutes, sometimes by over 20 — arriving late on 16 occasions during this time.

Her line manager, Jason, raised the issue informally during two one-to-one conversations, both noted on her file. Priya acknowledged the problem and said she was “sorting things out at home.” However, the lateness has continued, with minimal improvement.

Team morale is being affected, with others commenting that Priya’s lateness “goes unchallenged” while they are expected to be punctual. Jason now feels the informal route has run its course and has come to HR for advice.

Options

1. Escalate to Formal Process
   Initiate a formal disciplinary process in line with the organisation’s attendance or conduct policy.

2. Attempt One Final Informal Conversation
   Provide clear expectations and an explicit warning that formal action will follow any future lateness.

3. Explore Underlying Issues Further
   Check whether there are mitigating or protected circumstances (e.g. health, caring responsibilities) and assess whether a referral to OH or support measures are appropriate.

4. Adjust the Working Hours
   Consider a flexible or adjusted start time, if the lateness is linked to personal responsibilities — but only if operationally feasible and consistent with how others are treated.

What Does the UK Law Say?

While there’s no specific legislation that defines rules on lateness, there are several legal considerations:

• Implied Contractual Obligation: Employees are contractually required to attend work at agreed times. Persistent lateness can constitute misconduct.

• ACAS Code of Practice: Any disciplinary action must follow a fair and transparent process. Informal action should be tried first where appropriate.

• Equality Act 2010: If lateness is linked to a protected characteristic (e.g. disability or caring responsibilities), employers must consider reasonable adjustments.

• Constructive Dismissal Risk: Failing to manage lateness consistently or fairly may lead to claims if others are treated differently or if process is unfair.

In short: lateness can be formally managed as misconduct, but only after informal steps and appropriate support considerations have been exhausted.

Way Forward in This Situation

1. Review the Facts and Records
   Confirm the dates of Priya’s lateness and ensure informal conversations are documented. All of it. Without this, you cannot proceed with formal processes.

2. Speak to Priya Again
   Schedule a conversation to explain the continuing concern, ask explicitly if there’s an underlying issue requiring support, and make clear the next step will be formal action. This may result in flexible working requests, which may curb the process.

3. Follow Policy
   If no mitigating factors are identified, initiate the disciplinary process in line with your policy. This will usually begin with a written invitation to a hearing and may lead to a first written warning. Ensure everything is documented and policy is followed to the letter. Having a water-tight process will reduce the risk of constructive dismissal. If you’re unsure legally where you stand, reach out to an employment lawyer.

4. Monitor Post-Action
   Set expectations for improvement with a monitoring period. Continue to review progress regularly. Ensure this review period is an adequate length, and again offer flexible working.

5. Document Everything
   Keep clear notes at every stage. Consistency and evidence will be critical if the case escalates or is challenged later.

Reflection

Persistent lateness can seem like a minor issue — but left unchallenged, it can quickly impact team morale and perceptions of fairness. The key for HR professionals is to balance empathy with accountability, ensuring that informal steps are properly recorded and that any escalation to formal processes is fair, lawful and proportionate.

Using real-world scenarios like this encourages line managers to pause, ask the right questions, and ensure policies are followed in both letter and spirit. It’s also a reminder to treat each case on its merits — exploring support where needed, but holding boundaries where behaviour affects the wider team.

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Dibs HR
Practical HR. Thoughtfully done.