Discipline and Grievances at Work.

At Humba-HR-Consultants we believe that every employee is of equal responsibility and work respectively from that view therefore the same disciplinary and grievances procedures applies equally to all. Disciplinary and grievance procedures are frameworks which provide  clear and transparent structures for dealing with difficulties which may arise as part of the working relationship from either the employer’s or employee’s perspective. 

They are necessary to ensure that everybody is treated in the same way in similar circumstances, to ensure issues are dealt with fairly and reasonably, and that employers are compliant with current legislation and follow the Acas Code of Practice for handling disciplinary and grievance issues (see below).

Disciplinary procedures are needed to:

• Let employees know what is expected of them in terms of standards of performance or conduct (and the likely consequences of continued failure to meet these standards).
• Identify obstacles to individuals achieving the required standards (for example training needs, lack of clarity of job requirements, additional support needed) and to enable employers to take appropriate action.
• Enable employers and employees agree suitable goals and timescales for improvement in an individual's performance or conduct.
• Try to resolve matters without recourse to an employment tribunal.
• Act as a point of reference for an employment tribunal should someone make a complaint about the way they have been dismissed.

Grievance procedures are needed to:

• Provide individuals with a course of action if they have a complaint (which they are unable to resolve through regular communication with their line manager).
• Provide points of contact and timescales to resolve issues of concern.
• Try to resolve matters without recourse to an employment tribunal.

In the UK you can follow this link for more detailed information to assist with structuring policies and statutes - https://www.gov.uk/solve-workplace-dispute/formal-procedures

Fundamentally you should have statutes and have written disciplinary rules and procedures to deal with employee performance and conduct and you must tell your staff about them.

Your rules must say what acceptable and unacceptable behaviour in the workplace is and what action you will take if the rules are broken.

The rules should follow the Acas code of practice on disciplinary and grievance procedures.

In the UK you can follow this link forACAS Guidelines - http://www.acas.org.uk/media/pdf/h/m/Acas_Code_of_Practice_1_on_disciplinary_and_grievance_procedures.pdf

Disciplinary and grievance issues can be a major burden to employers. Putting in place and following the right procedures is essential. Without them, you run the risk of ending up in front of an employment tribunal facing a claim of unfair or constructive dismissal. Managers need training to ensure that they understand and follow the disciplinary procedure. No formal action should be taken until there has been a thorough investigation of events. When action is taken, managers must act fairly and consistently.

It may be possible to deal with minor offences with an informal discussion. The formal disciplinary procedure should be dealt with for more serious offences. In any case, clear records should be taken of the incident and any action taken. This can be vital if disciplinary action eventually leads to a dismissal which is challenged at an employment tribunal.

Grievances should be  written within the guidelines of the code of practice of any given country. Typically, it should require the employee to set out their grievance in writing so it can be investigated. The grievance is then discussed at a meeting and action agreed. Dissatisfied employees should have the right to appeal to someone who was not originally involved.

As with discipline, employees need to know about the procedure and managers need training in dealing with grievances. Training should include helping them identify when a grievance exists – even if a formal complaint has not been made – and how to resolve it informally.