6.1 Introduction. PDF Advice on Handling Discipline and Grievances at Work Again, the topic of grievances really warrants a whole series of articles. Employers do not need to follow the Acas Code when dealing with ill-health capability as this does not involve matters of misconduct or poor performance. Issues employers need to consider when contemplating dismissal in such circumstances are: Is there an express term in the contract or the disciplinary policy governing misconduct outside the workplace? Not reducing the sanction to the final written warning given to the four colleagues with clean disciplinary records was fair. The employer should hold a meeting with the employee to discuss the grievance, ideally within five working days. HR may also give assistance to the investigator to ensure the report is clear and that all matters have been addressed. Mercer County Community College 1200 Old Trenton Road West Windsor, NJ 08620 Acas reinforces the fact that the employer must mention the right to be accompanied in the written communication prior to the meeting being held and a good practice approach would allow the companion to participate as fully as possible in the hearing, including asking witnesses questions. Abandonment of job. Grip Boxes Keep a careful written record including the nature of the problem, what was decided and actions taken, the reason for the actions, whether an appeal was lodged and any subsequent developments (records are confidential and should be kept in accordance with the Data Protection Act 2018 and the GDPR see our Data protection, surveillance and privacy at work Q&As). If a companion cannot attend the hearing must be delayed by up to five days. Learning Management System Users: Please login into your Learning Management System account and navigate to Now Enrolling from the Browse drop-down menu. The letter sent to the employee ambiguously referred to conduct which failed to ensure the health and safety of oneself and others. 3. procedure to resolve conflicts with Grievances are usually described as individual when only one worker is involved and collective when a group of workers all believe they are suffering from the same breach of the rules. The grievance procedure should be followed and dealt with by a manager who is not involved with the disciplinary procedures. Reduced raises or bonuses. This guide serves as a resource for administrators and those with supervisory responsibilities. Any appeal should be conducted by a different manager who is senior to the manager who conducted the first disciplinary hearing (for example, a director or group manager). However if you have any concerns you should discuss with HR. A formal meeting is held with the employee. The legislation and case law on disciplinary and grievance procedures is not derived from the EU so these procedures are unlikely to be directly affected by Brexit. Position and length of service (although sensible employers will not treat employees differently on grounds of length of service to avoid age discrimination claims). What an organisation sees as gross misconduct should be clear from its disciplinary procedures and written contracts. Action taken by the employer may include: Suspension on full pay and/or invoking the full disciplinary procedure which may lead to dismissal in serious cases. The leading case on this is Amwell View School v Dogherty (2006). Develop the necessary skills to effectively coach your employees, and ensure that your team performs at its optimum level. Such feelings must be expressed by the employee and brought to the notice of the management and the organisation in accordance with acceptable procedures. All disciplinary actions should be Employers need to consider all the facts, the reason for the absence and decide how to proceed. If witnesses do attend, the employer and employee must be allowed to question them about the information they have provided. or a colleague is permitted. There is still a breach of the rules if a companion is refused and the employee is accompanied to meetings and hearings with other companions. Provides a channel to the aggrieved to express then the dismissal will be fair, even if the employee subsequently proves they did not do whatever the employer thought they did. Some employees who have been refused their request to have a lawyer present have alleged that this is a breach of Article 6 of the European Convention on Human Rights (right to fair trial). Compensation for breach of the right to be accompanied is normally capped at two weeks pay. Grievance handling. when dismissing the employee. The organisations grievance procedure should be followed, and all such procedures should provide for the possibility that a line manager may be the source of the grievance and therefore nominate an alternative senior member of management to hear the grievance. The suggestion boxes, for instance are placed at If it is decided that there is a disciplinary case to answer, the employee should be notified in writing. In the event of a dispute,an employment tribunal should be a last resort, when all other options have been exhausted. But if the grievance is found to be vexatious (unjustified or deliberately trying to cause trouble for another employee) the employer may invoke the disciplinary process against the employee bringing it. Where an employer fails (or threatens to fail) to comply with this right, the worker can bring a claim seeking compensation of up to two weeks pay. Why notBook your free 30-minute 1-2-1 coaching session, or join me for afree half day group session? Get the Template Types of Employee Grievances Termination. discuss the importance of personal & family oriented grievances; understand the concept of Discipline Management; and. However, discontent per se is not a, a sense of lack of justice. The policy should state that harassment and bullying is not, and will not, be tolerated within the organisation and define what constitutes bullying and harassment. Dealing with people can be tough, yes; but there are a number of steps a leader can take to manage any issues through the correct procedures. out principles for handling disciplinary and grievance situations in the workplace. The Employment Appeal Tribunal (EAT) held that the employees request to be accompanied by a particular companion does not have to be reasonable. Discipline implies the absence of chaos, irregularity and confusion in the behaviour of a worker. Enjoy exclusive access to resources, connections, events and support to further develop yourself professionally. Grievance is an Employees Incorporated by Royal Charter, Registered Charity no. Exactly parallel circumstances, where one employee has been dismissed and another has not, may mean the dismissed employee can challenge the reasonableness of the dismissal. However, employers should review disciplinary and grievance procedures to check they do not contradict its provisions. Relations UNIT 22 GRIEVANCE HANDLING AND DISCIPLINE Objectives After completion of the unit, you should be able to: l understand the importance of grievance handling in an organisation; l describe the concept of irrespective grievance-handling; l discuss the importance of personal & family oriented grievances; l understand the concept of Discipline Management; and l describe . However, the law states that the employer must permit the companion to do any or. differently grievances are often resolved Yo u will need an established grievance handling procedure to deal with such situations.It is therefore important that organisations, regardless of size ensure that the right processes are in place to prepare managers to deal with grievances. The employee claimed unfair dismissal. This may not be possible in smaller workplaces. The first step to take is to understand the indicators of employee grievances which are outlined below. Get advice from HR on the agreed reportable status. The issue is was it reasonable to dismiss the employee concerned and tribunals will treat arguments based on disparity of treatment with care. A well-drafted policy will always include informal stages which should be followed in appropriate cases. through: complaints about their dissatisfaction in these boxes. If the employer reasonably believed the conduct occurred and followed the Acas code of practice on disciplinary and grievance procedures then the dismissal will be fair, even if the employee subsequently proves they did not do whatever the employer thought they did. is a Managements Have you ever been in the presence of a great leader, been amazed at how they achieved better outcomes and wondered how they do this? Acas has also published detailed non-statutory guidance on handling workplace disciplinary and grievance issues which emphasises the importance of written notification of disciplinary matters and grievances, meetings and appeals. Every good HR staff should tell when something is wrong with their staff. If employers decide to record the proceedings (with the employees consent) then typed transcripts are often provided to all parties. The EAT concluded that HR had gone beyond discussing and advising on issues of procedure and law, and the appropriate level of sanctions to achieve consistency, which was the proper extent of HRs involvement. confer with the employee during the hearing. However, for Gives an assurance to the employees about the If a union represent your employees, your disciplinary For example, employee complaints about a lack of natural light in the office, an unsustainable workload, a new product's functionality, or a team member's inappropriate behavior can highlight . It should be fair and transparent. It may or may not be justified but needs to be tackled very carefully. Discover our practice guidance and recommendations to tackle bullying and harassment in the workplace. accused of theft. What is DISCIPLINE? As a result of that second hearing the council dismissed her, the written warning which she had been given previously. An NHS consultant obstetrician and gynaecologist faced disciplinary proceedings following an allegation she had given inconsistent accounts about complications during a caesarean section. Employers do not have to remove expired warnings from an employees file, unless their disciplinary policy requires this. Employers should ensure that their own dismissal, disciplinary and grievance policies and procedures comply with the Acas Code of practice on disciplinary and grievance procedures. The right to be accompanied arises under the Employment Rights Act 1999 and therefore is a separate statutory right. However, the Court of Appeal dismissed the appeal and confirmed that the dismissal was fair; the tribunal was entitled to find that the council rightfully considered the final written warning when it made the decision to dismiss. . A current written warning for a previous incident can be taken into account by employers in deciding whether to dismiss. Before issuing oral or written warnings or suspending an employee on full pay, employers must comply with both the organisations own procedure and the Acas code of practice. Grievances In summary, while it is often a good idea to put a disciplinary process on hold while the employee's grievance is dealt with, this is not compulsory. Learn more about the people profession its wide-ranging roles and expertise, the standards we uphold, and the impact our profession makes. If an employer fails to comprehensively deal with some of the allegations in disciplinary proceedings, this failure may be a breach of contract (see Patel v Folkestone Nursing Home Ltd, 2018). The counsellor should have no direct role in the grievance procedure. , a bus driver was subject to disciplinary proceedings for poor driving. Inform your own manager where appropriate being careful to respect confidentiality and recognising that your manager may be called to hear an appeal against any decision you make. In, Shrestha v Genesis Housing Association Ltd (2015), support worker had to travel by car to see clients at their homes. and read the policy. These may include complaints about workload, disciplinary rules, fines, inadequate resources, etc. informal note in the employees personnel Factsheet no. The ACAS Code of Practice is not legislation but there is an expectation that . Next step may be suspension of increasing Stay up to date with our survey findings and guidance on people professional and workplace issues with our factsheets, reports, podcasts and more. Employee grievance management is critical for harmonious working relationships, increasing employee loyalty and dedication, and improving overall organisational productivity and performance. When deciding to dismiss employers should confirm to the employee an explanation of the mitigating factors they have considered and why these were insufficient to avoid the gross misconduct dismissal. However, each case depends on its own facts, the grievance raised and the disciplinary proceedings in question. This was insufficient (, If witnesses do attend, the employer and employee must be allowed to question them about the information they have provided. The choice is the employees alone and does not have to be reasonable. Employees must be treated fairly throughout any appeal process, which must follow both any internal disciplinary policy and the Acas code of practice on disciplinary and grievance procedures. more, depending upon the circumstances, and A tribunal cannot substitute its own view in other words, what it would have done had it been the employer; it must only consider the issue of whether the employer acted reasonably. Every point of appeal must be addressed and comprehensively responded to in the appeal and in the appeal outcome letter. These two reasons are: Unsatisfactory job performance . Knowledge of human behavior is requisite quality of and it was not manifestly inappropriate to have given the warning at all. Interview Whoever hears the appeal should consider it as impartially as possible. Employers should keep a careful record of the employees failure to attend the meetings and the attempts to reconvene them. Obviously, if there was an error in the disciplinary procedure which meant these facts did not come to light, then the dismissal may still be unfair. It is helpful if the organisation has its own disciplinary and grievance policy which addresses the failure to attend meetings. As always, managers should be trained in how to deal with problems at an early stage to stop them escalating. The role of witnesses should not be confused with that of the companion or the impartial note taker. Any decisions to suspend or dismiss must be taken by that specified manager. Case law confirms that refusing a choice of a companion for a disciplinary investigation can be a breach of the implied term of trust and confidence. In rare cases, relying on an expired warning may be fair; it remains good practice to make sure a dismissal can be justified without the need to refer to an expired warning. 6.2 Importance of the topic. In order to implement a fair dismissal for misconduct, the employer must: have a genuine belief based on reasonable grounds that the employee committed the misconduct. The regime is intended to simply reflect reasonable behaviour. Effective Ways Of Handling Employee Grievance | Cleverism At the same time, and just as important, is the need to correct employees who have broken any established or implied rules and expectations. Here the employees disciplinary record, and the belief that he would not improve, justified the employers decision to dismiss. Case law has demonstrated how this can work in practice. There is still a breach of the rules if a companion is. Removal of any company property, including documents and any database(s), from the premises without prior permission from management; unauthorised use of company equipment or property for personal reasons; using company equipment for profit. norms, defective tools and equipment, poor quality of materials, unfair rules. etc can be identified and dealt with in a sensitive way. When expanded it provides a list of search options that will switch the search inputs to match the current selection. The guard claimed unfair dismissal and requested that the employment tribunal should apply the permitted percentage uplift in any award as a result of the employers failure to follow the, Acas Code of Practice on Discipline and Grievance, Disciplinary procedures misconduct investigations: Ramphal v Department for Transport: Employment Appeal Tribunal: 4 Sep 2015, The manager in question was inexperienced at conducting disciplinary hearings and it was inferred that HR thought the employee's explanations were not convincing. If an employer fails to comprehensively deal with some of the allegations in disciplinary proceedings, this failure may be a breach of contract (see, Patel v Folkestone Nursing Home Ltd, 2018, Generally, the employer should not increase the sanction from the previous hearing unless this is expressly provided for in the discipline and grievance policy. Staff Disciplinary & Grievance | Employee Disciplinary & Grievance Policy Handling Employee Disciplinary & grievances needn't be daunting with the right policies. Employers should always ensure they follow the appropriate procedure as fully as possible. The Acas code provides guidance for cases of gross misconduct. Following the initial interviews (and depending on the strength of evidence), if the complaint is valid the employer should take prompt action to stop the bullying. We define grievance as any complaint, problem or concern of an employee regarding their workplace, job or coworker relationships. The employer should supply enough information so that the employee knows what the allegations against them are. Verbal counseling In such cases you should check with your HR adviser beforehand. The employer does not have to allow the companion to answer questions on behalf of the employee. Ensuring there is no dismissal for first breach of discipline, unless for a matter of gross misconduct. The Acas code of practice on disciplinary and grievance procedures, Case law has demonstrated how this can work in practice. be possible in smaller workplaces. , Khan was dismissed following a six-minute disciplinary hearing. An employer may voluntarily allow the employee to choose a family member as a companion, although it doesnt have to agree to this. They may also advise you on separate or related procedures that may be useful. The consultant appealed against the sanction. Find the route to CIPD membership that works for you and the membership grade that demonstrates your level of knowledge and experience. Disciplinary, grievance and dismissal resources specific to Northern Ireland are provided by nidirect and the Labour Relations Agency. The Employment Appeal Tribunal overturned an employment tribunals decision that the dismissal was fair and said the matter had to be reconsidered. Does the Acas code apply to ill health dismissals? The Employment Appeal Tribunal (EAT) held that the employees request to be accompanied by a particular companion does not have to be reasonable. documents must be reviewed to ensure that the Your companys disciplinary procedure will give an explanation of what constitutes misconduct and will provide examples which are relevant to your organisation. Grievance Handling & Discipline | PDF | Punishments | Employment - Scribd However, the HR teams role is to be consulted and to advise on any suspensions, investigations and the formal procedure. each step before proceeding to the next. For example, it may be appropriate for an employer to agree to a recording where the employee is disabled and requests such a recording as a reasonable adjustment to the usual procedure. HR departments should not control managers decisions to discipline or dismiss. An employer will be able to defend a non-automatic unfair dismissal claim (see. Respect for you as a manager will be undermined if you are perceived as being inconsistent in the way you manage your team, for example if you overlook someone undermining your decisions or if you fail to deal with a member of the team whose errors are creating work for others. The Employment Appeal Tribunal said that compensation would be awarded, but that this would probably be nominal as they suffered no loss or detriment as they were accompanied albeit by someone else. The Acas code will be used as a benchmark by employment tribunals when considering the fairness or otherwise of an employer's procedure and actions. provides guidance for cases of gross misconduct. If employers veto an employees chosen companion with no good reason, the compensation would be higher. You are not scheduled for the requested classroom training until you receive an official email confirmation from CLIP. A full copy of those notes should then be provided to the employee after the hearing and an agreed record produced and signed by both parties. Reasons for filing a grievance in the workplace can be as a result of, but not limited to, a breach of the terms and conditions of an employment contract, raises and . An employer and employee may agree that a sound recording is to take place, or the employers own disciplinary and grievance procedure may contain the right to record hearings. If your team member raises a serious concern, listen to them, take notes and inform your HR adviser. Despite grievances raised about some of the managers involved, the employer continued the disciplinary proceedings against the driver and ultimately dismissed her. such as perceived notions of bias, favouritism, nepotism, caste affiliations, feelings of neglect, victimisation and becomes an, These include issues relating to certain violations in respect of, Do not sell or share my personal information. Employers do not have to remove expired warnings from an employees file, unless their disciplinary policy requires this. This sense of grievance generally arises out of misinterpretation or misapplication of company policies and practices. Thus, employee grievances refer to any act of employee dissatisfaction . This is generally the first step. The Employment Act doesnt apply to Northern Ireland. The court held that the expired warning could be. It is also sensible to provide for what will happen in the event of failure to attend meetings. Meeting organisers should consider whether any reasonable adjustments are necessary to accommodate employees, witnesses, companions etc. PeoplePointHR helps companies manage and optimise their HR processes for optimal results. The need for clarity and unambiguousness. It would normally be appropriate to provide copies of any written evidence, which may include any witness statements, with the notification. It is a common misconception that an employer can simply dismiss an employee for gross misconduct. Acas has also published detailed non-statutory guidance on handling workplace disciplinary and grievance issues which emphasises the importance of written notification of disciplinary matters and grievances, meetings and appeals. The three roles are all quite distinct. Learn more in our Cookie Policy. Employers should, therefore, ensure that their own dismissal, disciplinary and grievance policies and procedures comply with the Acas code. There is a requirement for Acas early conciliation in most cases the employment tribunal ought to be a last resort. use judgment, empathy, In practice, many meetings will proceed without witnesses, either because it is not necessary or appropriate, or because witnesses will be reluctant to get involved. The grievance relates to a perceived bias held by the manager conducting the disciplinary meeting or to the procedure used during the disciplinary process: if so, the employer should consider whether it is safer to suspend the disciplinary procedure for a short period to deal with the grievance separately.