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Why do you need disciplinary and grievance procedures?
Disciplinary and grievance procedures provide clear structures for dealing with difficulties which can arise during the working relationship, from either the employer’s or employee’s perspective.
These procedures are needed to ensure every individual is treated equally in similar circumstances and to deal with issues fairly and reasonably. They also ensure that employers comply with current law and follow the Acas Code of Practice: Disciplinary and Grievance Procedures.
Disciplinary and grievance procedures are essential when informal mechanisms are ineffective, or inappropriate given the nature of the dispute. They can also help to avoid costly and time-consuming tribunal cases.
The Acas Code of Practice: Disciplinary and Grievance Procedures is very important for employers. The Employment Tribunal will consider whether the employer and employee have followed the Code: if they haven’t, the tribunal may adjust any awards made by up to 25% for unreasonable failure to comply.
The written statement of employment particulars (under the Employment Rights Act 1996) must include reference to any disciplinary, dismissal or grievance procedures, although the actual procedures can be supplied elsewhere, such as in a staff handbook. The availability of proper, fair procedures is a central to unfair dismissal law.
If you don’t have disciplinary and grievance procedures in place, our team can help draft legally compliant policies for your business.
Contact us on 01827 317070 or email employment@pickerings-solicitors.com
What is the point of Disciplinary procedures?
Most managers with responsibility for staff will have to deal with an employee's misconduct or poor performance at some stage. The purpose of disciplinary action should be to bring about an improvement. Disciplinary action, when handled effectively, can lead to improvements in performance and conduct.
Disciplinary procedures can make employees aware of what's expected of them in terms of standards of performance or conduct (and the likely consequences of continued failure to meet these standards).
The process can identify obstacles to individuals achieving the standards required of them (for example training needs, or lack of clarity about job requirements) and allow employers to take appropriate remedial action.
What is a Grievance procedure?
A grievance procedure provides individuals with a course of action if they have a complaint which they’re unable to resolve informally.
It gives a framework providing points of contact and timescales to resolve issues of concern.
It is a way to try to resolve matters internally without recourse to an Employment Tribunal.
Employers should have clear individual dispute resolution procedures that are communicated to all staff. Line managers and any employees involved in managing disciplinary and grievance matters must be properly trained in the organisation’s policies and procedures and know how to implement them. All disputes should be handled in a fair and consistent way across the organisation.
Suspension and/or dismissal can have a significant detrimental impact on any individual. Immediate and ongoing support should be available to safeguard their health and wellbeing.
Why must you follow a fair procedure for dismissal, discipline and grievance?
Consistency of approach is essential. It is important to ensure that a fair procedure is followed, or any resulting dismissal will almost inevitably be considered unfair by an Employment Tribunal. Getting things wrong at a first written warning stage can have negative consequences if the employee is subsequently dismissed and brings a claim for unfair dismissal.
Treating employees inconsistently can potentially lead to resentment and reduced levels of commitment, accusations of favouritism and Employment Tribunal claims for discrimination.
For a manager, all of the above can be damaging and interfere with the ability to manage effectively. For the company, it can be costly in terms of time, finance and damage to reputation.
There will always be a certain number of employees who decide to take advantage of their employer and make spurious tribunal claims. Some individuals will make a claim regardless of how fairly they are treated. As a manager, you have the ability to reduce the risk of these claims by ensuring that you behave fairly and reasonably in applying company policies and procedures. Fair and consistent application of policy can help ensure that if a claim is made, whether it has merit or not, the damage is minimised.
It is important not to let operational pressures cloud your judgement here. Much as it can be tempting to ‘turn a blind eye’ on one occasion, in doing so you could unwittingly be setting a dangerous precedent. Ignoring an issue can let the employee feel that they can get away with it and that the rules are not really observed. When a colleague is subsequently disciplined for the same offence by a manager who does not turn a blind eye, that colleague may feel that they have been unfairly treated.
It is important to follow company procedure and not cut corners. Never be talked out of following the full process by the employee who: ‘Just wants to get it over with ‘. They may later be the very same employee who claims that they were unfairly pressurised into a situation and not afforded access to the full procedure.
As well as drafting policies and procedures, we can advise on all aspects of the process and can provide hands-on support to you and your managers if necessary.
If you need advice on disciplinary and grievance issues, contact our team on 01827 317070 or email employment@pickerings-solicitors.com
