DISCIPLINARY AND GRIEVANCE

The code of practice on disciplinary and grievance procedures gives practical guidance for handling these issues in the workplace. Failure to follow the code doesn't make a person or organisation liable to proceedings, however, an employment tribunal will take it into account when considering relevant cases.

What is a grievance and disciplinary procedure?

Grievance Procedures

This procedure applies where the employee has a grievance which relates to statutory employment rights such as equal pay, discrimination, redundancy, maternity, etc. It may be used in constructive dismissal cases and where the employer believes they are being victimised.

Disciplinary Procedures

A formal procedure that is established by managers to uphold disciplinary standards. Procedures frequently contain a statement of disciplinary policy and a listing of acceptable and unacceptable behaviour. In addition, they are set of rules to be followed in dealing with cases of indiscipline including a statement of penalties attached to various forms or levels of misconduct.

What is the notice period for a disciplinary hearing?

The employee must be given at least 48 hours' notice of a disciplinary or performance hearing. Hold the hearing before disciplinary action is taken to ensure the employee has an opportunity to challenge the evidence before a final decision is taken against him/her.

Is there a time limit on disciplinary?

There is no specific legal timescale in which a disciplinary appeal hearing should be held. Some employers specify in their disciplinary policy a time limit in which an appeal hearing will be held, for example two calendar weeks, or 10 working days, from receipt of the appeal.

Can an employer postpone a disciplinary hearing?

Should an employer postpone a disciplinary hearing when a grievance is raised? A common misconception amongst employers is that an employee can always disrupt disciplinary proceedings by raising a grievance.

What is misconduct in the workplace?

Gross misconduct is behaviour, on the part of an employee, which is so bad that it destroys the employer/employee relationship, and merits instant dismissal without notice or pay in lieu of notice. (Such dismissal without notice is often called 'summary dismissal).

How do you do a disciplinary hearing?

If, following an investigation, an employer decides that there is a disciplinary case for an employee to answer, a disciplinary hearing should be arranged. The first part of preparation for the disciplinary hearing is to set a date and time to hold the disciplinary hearing and arrange a suitable, private venue.

Is it better to resign or be dismissed?

Quitting does have negative consequences in regard to unemployment benefits. In most cases, employees who quit will not be eligible to collect unemployment. Workers who are fired will generally be eligible for unemployment benefits unless they are fired for cause i.e. unethical or illegal activities.

Can I resign during disciplinary?

Whether or not an employer should continue the disciplinary procedure really depends on whether the employee is resigning with immediate effect or whether they have resigned with notice. If an employee resigns providing notice, you should continue the process.

Should HR be present at a disciplinary hearing?

If, following a reasonable investigation, the employer decides that an employee has a disciplinary case to answer, it should hold a disciplinary meeting. It should be made clear to all involved in the meeting whether an HR panel member is present in an advisory capacity only, or as a joint decision-maker.

Can you be sacked at a disciplinary hearing?

However, they can go straight to their formal disciplinary or dismissal procedures. Disciplinary procedures are a set way for an employer to deal with disciplinary issues. They should include a disciplinary hearing where you're given a chance to explain your side of the story.

How long does a work disciplinary last?

How long a disciplinary will be held against you depends on what the sanction is. For example, a first written warning could last six months, but a final one could last twelve months.

Can you raise a grievance during a disciplinary?

Yes, it can. If you choose to raise a grievance during a disciplinary process, the disciplinary process may be temporarily suspended whilst the grievance is dealt with.

Does a disciplinary hearing mean dismissal?

Disciplinary hearings. Your employer should not take any disciplinary action before meeting with you first and discussing the problem. This disciplinary meeting(normally called a 'hearing') should be at a reasonable time and place.

What are the fair reasons for dismissal?

Conduct/Misconduct. Minor issues of conduct/misconduct such as poor timekeeping can usually be handled by speaking informally to the employee. 

• Capability/Performance. 

• Redundancy. 

• Statutory illegality or breach of a statutory restriction. 

• Some Other Substantial Reason 

What is classed as misconduct at work?

Generally, gross misconduct is any action which goes to the heart of the employer/employee relationship. If you are facing an issue which is classified as gross misconduct it is usually the case that you will be suspended from work on full pay while the matter is investigated.

What is considered serious misconduct?

Misconduct and serious misconduct. Misconduct is when an employee does something wrong either by: doing something, not doing something, or through their behaviour. This may justify some disciplinary action being taken by the employer.

What can be classed as gross misconduct?

Gross misconduct can include things like theft, physical violence, gross negligence or serious insubordination. With gross misconduct, you can dismiss the employee immediately as long as you follow a fair procedure.

What are the types of misconduct?

The three types of misconduct are simple, severe and gross. Simple misconduct may include a violation of company policies or failure to perform job duties. If the claimant is found to have committed simple misconduct, they can still collect benefits after a waiting period.

What is serious misconduct at work?

Serious misconduct is conduct that is wilful or deliberate and that is inconsistent with the continuation of the employment contract. It is also conduct that causes serious and imminent risk to the health and safety of a person or to the reputation, viability or profitability of the employer's business.

What is a sackable Offence at work?

Either the employee has been consistently under performing and has been through a Disciplinary Procedure, which has failed to resolve the problem, or they have committed an offence that is listed in their terms and conditions of employment as an instantly sackable offence.

What are the stages of disciplinary procedures?

The steps in the disciplinary procedure generally follow graduated steps including a verbal warning, written warning, final written warning, and dismissal. However, in cases of gross or serious misconduct it is permissible to start at stage 4 of the procedure.

Can a union rep speak in a disciplinary?

Employees have the right to be accompanied at a disciplinary or grievance hearing. They can choose to be accompanied by a co-worker or a union representative. The Trade Union Representative can present and/or sum up your employee's and say things to support their case.

How long should an investigation at work take?

HR carries the investigation and writes a report with the facts and a recommendation of actions to take. But the actual decision typically depends on someone else in the top management of the company. Even if the investigation takes only 1 or 2 weeks, the decision might take much longer.

Can you be sacked after resigning?

Being Asked to Leave

Sometimes, companies will say that you are no longer needed after the date when you submit your resignation. Many employers will stop short of firing you after you resign, because when you are fired, you may be eligible for unemployment benefits, which you might forfeit by quitting.

Can you be fired for no reason?

You can only challenge a dismissal if you can show it actually happened. You've been dismissed if your employer has done any of the following: ended your contract of employment, with or without notice. refused to renew your fixed-term contract.

Should I resign before finding another job?

Conventional wisdom says that it's much better to wait to quit a job until after you've safely secured another one. There are so many risks involved in quitting a job before securing a new one that they often outweigh the benefits. However, there are definitely some exceptions to this rule.

Is it better to resign before being sacked for gross misconduct?

You would be able to avoid having a gross misconduct dismissal on your record, because you resigned first. You also need to consider that even if you do resign, your employer could continue the disciplinary process during your notice period, and ultimately still dismiss you for gross misconduct.

Can I resign with immediate effect?

Practically speaking yes, but, technically an employee doing this will be acting in breach of their contract, as they are not giving the proper notice to terminate their employment. The employer could refuse to accept the resignation and hold the employee to their notice period.

What disciplinary action can be taken against an employee?

Employer disciplinary action is a response by the employer to problems with employee performance or behaviour. It may come in the form of a verbal or written reprimand or the loss of employee privileges. The purpose of disciplinary action is to correct behaviour and document issues

How do you act in a disciplinary meeting?

Top tips to defend disciplinary action against you

1. What are the allegations? You must find out exactly what the allegations against you are prior to the disciplinary meeting. 

2. Obtain a copy of your employer's disciplinary procedure. 

3. Always attend the disciplinary meeting. 

4. Take a disciplinary statement. 

5. Appeal.

Does HR need to be present during a termination?

There's no single answer. The answers to these questions vary by organisation and may even vary within an organisation but there are some good arguments why an HR representative should be present for any termination meeting. The HR representative can lead the conversation, which can help keep it neutral and consistent.