It is important that you have a policy which contains details of your grievance and disciplinary procedures. At the absolute minimum you must adhere with the Acas Code of Practice on disciplinary and grievance procedures.
Employment Tribunals will take the Acas Code of Practice into account when considering a claim. If the tribunal concludes that an employer has failed to follow the Acas Code they can increase any award of compensation by up to 25%.
The purpose of a grievance procedure is to give employees a way to raise issues with the management about their working environment or work relationships. If an employee raises a grievance it must be dealt with consistently and promptly and employees must be given the opportunity to appeal the outcome.
A disciplinary procedure should cover the disciplinary rules, standards of expected conduct, as well as the procedures to be followed when disciplining an employee. When disciplining an employee it is important, amongst other things, to carry out an investigation; invite the employee to a disciplinary hearing – inform them of their right to representation – set out the allegations against them and the possible consequences; explain why and how a decision has been reached; and provide them with the right to appeal the outcome.
A good grievance and disciplinary policy will set out the principles for handling disciplinary and grievance situations in the workplace. If discipline and grievance issues are resolved properly – at an early stage – you can save a lot of time and expense. If dealt with properly you can also avoid damaging working relationship and Employment Tribunal claims.
We can provide advice on all manner of grievance and disciplinary issues including dismissal.