To help you do this, the ACAS Code on Disciplinary and Grievances was introduced in April 2009. It provides steps for an employer and employee to take, regarding disciplinary and grievance proceedings.
Most employers have a grievance and disciplinary procedure that should be followed. Make sure you follow the procedure, especially any time limits. We can assist you in drafting a Disciplinary and Grievance procedure which will be appropriate to your company’s circumstances.
The ACAS Code recommends that an employee should discuss any problem informally with a manager before raising a formal grievance. Then:
When disciplining an employee, an employer should:
At a disciplinary hearing, an employer should:
Written warnings should state:
Dismissals are appropriate:
In addition, an employer should:
Appeals should preferably be heard by a manager that has not been previously involved.
Disciplinary and grievance procedures often arise from the same incidents. If so, the employer may consider temporarily suspending disciplinary proceedings to hear the grievance.
This allows the employee to put forward their side of the story, and avoid being prematurely disciplined.
This may affect the fairness of any dismissal. The employee may be able to bring a claim for unfair dismissal. If the employer (or the employee) has failed to follow the ACAS Code, the compensation awarded can be increased or decreased by up to 25%.
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