Disciplinary, Grievance, Investigation & Appeal

Clear Disciplinary and Grievance Policies fall under the ‘must have’ category and it is crucial that employees are treated fairly and consistently when these situations arise.

 

The key thing to remember here is the ACAS Code of Practice on Disciplinary and Grievance Procedures. The statutory Code of Practice sets out principles for handling disciplinary and grievance situations in the workplace and, should the matter go to Employment Tribunal, the judge will look to see if the company has abided by the Code, with potential penalties of up to 25% being enforced if it hasn’t.

 

Disciplinary

Workplace discipline is a means to correct or improve job-related behaviour or performance. Disciplinary procedures make sure that a company’s standards of conduct and performance at work are followed. 

 

Grievance

Grievance procedures are a means for employees to raise concerns about their employer, their manager or another employee. Companies need to deal with grievances in a timely manner, whether it was presented in writing or not; so understanding what constitutes a grievance is key.

 

It is important that, in the interest of the company and the employee, notes are kept during the process i.e. nature of grievance, copy of written grievance, employers response, action taken, any appeals and subsequent developments

 

Investigations

Both Disciplinaries and Grievances will require some form of investigation. The purpose of an investigation is to establish the facts and gain evidence which supports or refutes the allegations. Depending on the scenario, investigations may be lengthy, complex and time consuming requiring a great deal of consideration of various different elements, however, some will be relatively straight forward. It is imperative that the person conducting the investigation is able to do so in an unbiased way.

 

Appeals

Employees have the right to appeal any decisions made, whether at Disciplinary or Grievance and they need to be advised who they should raise their appeal to and the timelines to do this in. Again, this can be a lengthy and complex process.

How We can Help You:

We have managed many various complex issues over the years and so we offer as much – or as little – support as you need. We can do all, or any combination, of the following:

 

  • Provide hands-on, on-site support

  • Provide ‘behind the scenes’ support

  • Advise you through disciplinary, grievance & appeal procedures

  • Act as a ‘sounding board’ in tricky situations

  • Discuss options for informal resolution

  • Carry out Investigations on your behalf

  • Hold Hearings (if required/appropriate)

  • Hold Appeal Hearings (if required/appropriate)

  • Act as note taker in formal meetings

  • Act as an independent party with an objective view to evidence a fair procedure

  • Manage the admin side

    • Provide all the necessary letters, templates and forms

  • Provide a written ‘management summary’ and advise of any improvements/actions that need to be made by the employer

  • Consider ways to reduce the likelihood of similar formal issues arising in the future eg

    • Provide a tailored disciplinary, grievance, investigation and appeal procedure for you

    • Provide training to your managers to help them understand and manage issues effectively

Benefits of outsourcing to us:

  • Saves you time

  • Allows you to focus on running your business/team/function

  • The process is considered fair, objective and unbiased

  • Significantly reduces the Risk of the issue going further

  • Peace of mind in knowing we are managing the issue in a legally sound way, whilst being pragmatic