Disciplinary & Grievance

Employer

It is important to have Disciplinary and Grievance rules and procedures in place in order to promote fairness and consistency when dealing with problems with employees.

Failing to follow the minimum required under the ACAS (Advisory, Conciliation and Arbitration Service) Guidelines will not of itself make an employer liable to proceedings, but an Employment Tribunal will take the Guidelines into account when looking at cases and could find against the employer if the Rules are not followed.

It is important that the rules and procedures in place are clear and all employees have a copy or can access them easily.

Before taking any action, it is essential to establish the facts. In Disciplinary matters, the employee should be informed of the alleged misconduct or unsatisfactory performance.

Minor misconduct or unsatisfactory performance issues should be dealt with informally, whilst for more serious cases, formal procedures should be followed.

The employee should be invited to a meeting and told of the right to be accompanied by another.

Where performance is unsatisfactory, the employee should be told of the improvements that are required and support which will be given. Performance must be reviewed regularly.

When dealing with absences from work, the reasons for the absence must be established, before any decision is taken as to the action to be taken.

A Grievance is a concern or problem that an employee raises with his or her employer and the procedures in place must allow the employer to deal with the Grievance fairly, consistently and quickly.

All efforts must be made to resolve the Grievance informally with the line manager. If it cannot be settled informally the employee should raise the Grievance with management, when a meeting should be held and the employee has the right to be accompanied.

An employee must be given the right to appeal against a Disciplinary or a Grievance decision, and a senior manager who was not involved in the earlier decision must deal with the appeal hearing.

It is essential to keep written records for future reference.


Employee

It is important the employer has in place Disciplinary and Grievance rules and procedures to promote fairness and consistency when dealing with problems with employees.

It is worth noting first of all that the employer's failure to follow the minimum requirements under ACAS (Advisory, Conciliation and Arbitration Service) Guidelines will not of itself make an employer liable to proceedings, but an Employment Tribunal will take the Guidelines into account when looking at cases and could find against the employer if the rules are not properly followed.

It is important that the rules and procedures in place are clear and that employees have a copy or can access them easily.

Before taking any action, it is essential the employer establishes the facts. In Disciplinary matters, the employee should be informed of the alleged misconduct or unsatisfactory performance.

Minor misconduct or unsatisfactory performance issues should be dealt with informally, whilst for more serious cases, formal procedures should be followed.

The employee should be invited to a meeting and told of the right to be accompanied by another.

Where performance is unsatisfactory, the employee should be told of the improvements that are required and support which will be given. Performance must be reviewed regularly.

When dealing with absences from work, the reasons for the absence must be established, before any decision is taken as to the action to be taken.

An employee can raise a Grievance relating to a concern, problem or complaint he/she has with her employer and the employer must have in place procedures which alllow it to deal with the Grievance fairly, consistently and quickly.

All efforts must be made to resolve the Grievance informally with the line manager. If it cannot be settled informally the employee should raise the Grievance with management, when a meeting should be held and the employee has the right to be accompanied.

An employee must be given the right to appeal against a Disciplinary or a Grievance decision, and a senior manager who was not involved in the earlier decision must deal with the appeal hearing.

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