An official response from Bestcare Manpower Services
Disciplinary matters involving outsourced employees require careful handling, clear communication, and a well-understood division of roles between the client and Bestcare Manpower Services. Because the employee is formally employed by Bestcare, the disciplinary process must involve us — not run parallel to us.
Why Communication Is Critical
When a client encounters a performance or conduct issue with an outsourced employee, the temptation can be to address it informally and internally. This approach carries significant risk. Taking disciplinary action against an employee who is not on your direct payroll, without involving the employer of record, can expose the client to legal liability and undermine the validity of any subsequent action.
Bestcare must be notified and involved in all formal disciplinary matters.
How Clients Should Communicate Disciplinary Issues
Informal Concerns For minor performance issues — lateness, attitude, small errors — the client supervisor may address the matter directly in the first instance, but should log the conversation and notify Bestcare’s HR contact. This creates a record that supports further action if the issue persists.
Formal Disciplinary Matters For more serious concerns — misconduct, repeated violations, policy breaches — the client should submit a written notification to Bestcare describing the incident(s), dates, witnesses, and any evidence. Bestcare will acknowledge receipt within 24 hours and initiate the formal process.
Bestcare’s Role in the Process
Upon receiving a formal notification, Bestcare’s HR team will review the evidence and determine the appropriate process, conduct an independent investigation where necessary, issue any formal warnings or notices in accordance with the Employment Act, and liaise with the client throughout to ensure they are informed of the outcome.
The client may be invited to participate in proceedings — for example, as a witness or to provide evidence — but formal disciplinary outcomes are issued by Bestcare as the employer of record.
“Discipline done right is about fairness, not punishment. When a client brings a concern to us, we take it seriously and handle it properly — protecting the client’s operational interests while ensuring the employee gets a fair hearing.”
— The Director and Team, Bestcare Manpower Services
Disciplinary actions for outsourced staff must be communicated to Bestcare Manpower Services through a defined, documented process. This protects the client, ensures the employee’s rights are upheld, and results in outcomes that can withstand legal scrutiny.