Disciplinary & Grievance Policies

There have been various changes in the legislation concerning disciplinary and grievance policies and procedures in recent years.  From April 2009 new guidance will come into force, removing a procedural framework that didn't work well for many organisations or for the individuals involved.

The new ACAS Code of Practice replaces the Statutory Procedures and employers are well advised to follow the Code, although failure to do so will not result automatically in a finding of unfair dismissal if an employee is dismissed. 

The Code can be downloaded from the ACAS website.  In summary, the steps for a disciplinary procedures are:-

• take informal action whenever possible
• investigate the matter if following the formal process and invite the employee to a meeting (in writing)
• give the employee the right to be accompanied at the meeting by a work colleague or trade union official
• hold the meeting, report the decision to the employee in writing and give them the right to appeal against the decision
• hold the appeal meeting as necessary, again with the right to be accompanied
• follow up any performance requirements

Grievance procedures should be similar, with the employee required to submit the grievance in writing.  The employer then holds a meeting with the employee, who has the right to be accompanied.  The employee is informed in writing of the response to their grievance with the right to appeal against the decision.

Some organisations include an explicit clause in the employment contract giving employers the right to place employees on 'garden leave' during a disciplinary procedure.  The employee continues to receive all contractual benefits but is not required to attend the workplace.

Contact us to ensure your disciplinary and grievance procedures are compatible with the new ACAS Code of Practice.