It is essential to manage discipline grievance and appeal procedures correctly and they should be supported with a thorough investigation. This page covers all these areas and help you understand what your obligations are.
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Do I have To Have A Disciplinary Policy & Proceedure?
As an employer you have to provide your employees access to a discipline, grievance and appeal procedure.
What is the point of a disciplinary policy?
A disciplinary policy & procedure will assist in the fair & equal treatment of employees and minimise claims against your business.
More importantly for you, a good disciplinary policy will provide the foundation of how you expect your employees to conduct themselves along with the minimum level of performance required & the consequences of not adhering to the rules.
How can I make this work for me?
We advise to make these procedures non contractual to allow for easier management of employees, and don’t forget, an employee requires 2 years continuous service to be able to make a claim for unfair dismissal. There are claims that do not need a qualifying period, discrimination being the main one. Small employers may find it hard to follow the ACAS Code of Practice due to their size, structure and resources, so it can help to use the services of an independent HR Consultant to conduct an investigation for them and advise throughout the process.
What Are My Obligations In Respect Of A Grievance Procedure?
What is meant by the term ‘grievance’?
It means any concerns, issues, complaints or problems an employee has about their work, working environment, employer, working relationships, manager, health & safety and really any workplace concerns.
Do I have to have a grievance policy?
Yes like with discipline, employees must be able to access a grievance procedure and additionally know who they raise a grievance with, this should be stated in the written statement of main terms and conditions of employment (contract) the question is do you have one?
As with disciplinary procedures, grievance procedures ensure fair & equal treatment and often in more serious cases can prevent a claim from a disgruntled employee to an Employment Tribunal.
Generally grievances are fairly minimal if a business is being run correctly and managers are trained well, however failure to have a policy & procedure in place could open an employer up to a complex procedure and monopolise a managers time in dealing with it especially if the issue is bullying & harassment or discrimination.
We can advise and support you if you are presented with a grievance and conduct any necessary investigations on your behalf.