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grievances at work
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Contents
1 Introduction 3
Handling discipline – an overview 5
Handling grievances – an overview 6
Using mediation 7
Discipline 9
2 Keys to handling disciplinary problems in the workplace 10
Resolve discipline issues informally 10
Develop rules and procedures 11
Keeping written records 15
Dealing fairly with formal disciplinary action 16
Establishing the facts 17
Informing the employee 18
Holding a disciplinary meeting 18
Allowing the employee to be accompanied 23
Taking action after the disciplinary meeting 26
Provide employees with an opportunity to appeal 33
Dealing with special cases 35
Grievances 39
3 Keys to handling grievances in the workplace 40
Resolve grievances informally 40
Develop rules and procedures 40
What is a grievance and why have a procedure? 40
Keeping written records 42
Dealing with formal grievances 43
Let the employer know the nature of the grievance 44
Holding a grievance meeting 44
Allow the employee to be accompanied at the grievance meeting 47
Decide on appropriate action 50
Allow the employee to take the grievance further if not resolved 51
4 Appendix 1 54
Disciplinary rules for small organisations 54
5 Appendix 2 55
Sample disciplinary and grievance procedures 55
1
Acas Discipline & Grievances Text 16/3/09 12:34 Page 2
6 Appendix 3 60
Sample letters 60
7 Appendix 4 71
Dealing with absence 71
8 Appendix 5 77
Basic principles of the Data Protection Act 1998 and Disability 77
Discrimination Act 1995
9 Glossary 79
10 Notes 81
Introduction 1
This guide provides good practice any provision of the Code. This
advice for dealing with discipline and means that if the tribunal feels that
grievances in the workplace. It an employer has unreasonably failed
complements the Acas Code of to follow the guidance set out in the
Practice on disciplinary and Code they can increase any award
grievance procedures. Extracts from they have made by up to 25 per
the Code of Practice are reproduced cent. Conversely, if they feel an
in shaded boxes accompanied by employee has unreasonably failed to
further practical advice and follow the guidance set out in the
guidance. code they can reduce any award
they have made by up to 25 per cent.
Extract: Acas Code of Practice on
disciplinary and grievance procedures Employment tribunals are not
This Code is designed to help required to have regard to guidance
employers, employees and their in this booklet that does not form
representatives deal with part of the Code.
disciplinary and grievance
situations in the workplace. The law on unfair dismissal requires
employers to act reasonably when
The Acas Code of Practice sets out dealing with disciplinary issues. What
principles for handling disciplinary is classed as reasonable behaviour
and grievance situations in the will depend on the circumstances of
workplace. This guide provides more each case, and is ultimately a matter
detailed advice and guidance that for employment tribunals to decide.
employers and employees will often However, the core principles are set
find helpful both in general terms and out in the Acas Code of Practice.
in individual cases.
The foreword to the Code and this
Employment tribunals are legally guide emphasise that employers and
required to take the Acas Code of employees should always seek to
Practice into account when resolve disciplinary and grievance
considering relevant cases. Tribunals issues in the workplace. If discipline
will also be able to adjust any and grievance issues are settled at
compensatory awards made in these an early stage they are normally less
cases by up to 25 per cent for time-consuming and less likely to
unreasonable failure to comply with damage working relationships.
INTRODUCTION 3
Acas Discipline & Grievances Text 4/11/09 10:16 Page 4
Conduct or Employee
performance dismissed
improve =
action
complete
INTRODUCTION 5
Acas Discipline & Grievances Text 16/3/09 12:34 Page 6
Using mediation
1
An independent third party or mediator can sometimes help resolve
disciplinary or grievance issues. Mediation is a voluntary process where
the mediator helps two or more people in dispute to attempt to reach an
agreement. Any agreement comes from those in dispute, not from the
mediator. The mediator is not there to judge, to say one person is right
and the other wrong, or to tell those involved in the mediation what they
should do. The mediator is in charge of the process of seeking to resolve
the problem but not the outcome.
INTRODUCTION 7
Acas Discipline & Grievances Text 16/3/09 12:34 Page 8
Discipline
Keys to handling
disciplinary problems
in the workplace
• subsequent developments
• notes of any formal meetings.
• Employers and employees should raise and deal with issues promptly
and should not unreasonably delay meetings, decisions or confirmation
of those decisions.
The following pages give detailed Dealing with absence is only one of
guidance on handling formal any number of issues where
disciplinary issues. Always bear in disciplinary action may be
mind the need for fairness when considered. It can, however, raise
following procedures taking account particular problems and is dealt with
of the elements from the Acas Code separately at Appendix 4 – Dealing
of Practice reproduced above. with absence.
• any rules the organisation has for • introduce and explain the role of
dealing with failure to attend the accompanying person if
disciplinary meetings present
The companion should be allowed to address the hearing to put and sum
up the workers case, respond on behalf of the worker to any views
expressed at the meeting and confer with the worker during the hearing.
The companion does not, however, have the right to answer questions on
the worker’s behalf, address the hearing if the worker does not wish it or
prevent the employer from explaining their case.
When does the right apply? bear in mind that it would not be
Employees have the right to be reasonable to insist on being
accompanied at meetings that could accompanied by a colleague whose
result in: presence would prejudice the
hearing or who might have a conflict
• a formal warning being issued to a of interest. Nor would it be
worker (ie a warning that will be reasonable for a worker to ask to be
placed on the worker’s record); accompanied by a colleague from a
geographically remote location when
• the taking of some other someone suitably qualified was
disciplinary action (such as available on site. The request to be
suspension without pay, demotion accompanied does not have to be in
or dismissal) or other action; or writing.
A first or final written warning should set out the nature of the misconduct
or poor performance and the change in behaviour or improvement in
performance required (with timescale). The employee should be told how
long the warning will remain current. The employee should be informed of
the consequences of further misconduct, or failure to improve
performance, within the set period following a final warning. For instance
that it may result in dismissal or some other contractual penalty such as
demotion or loss of seniority.
Disciplinary rules should give examples of acts which the employer regards
as acts of gross misconduct. These may vary according to the nature of
the organisation and what it does, but might include things such as theft
or fraud, physical violence, gross negligence or serious insubordination.
First formal action – misconduct The warning should also inform the
In cases of misconduct, employees employee that a final written warning
should be given a written warning may be considered if there is further
setting out the nature of the misconduct. A record of the warning
misconduct and the change in should be kept, but it should be
2
behaviour required. disregarded for disciplinary purposes
after a specified period (eg, six
months).
Discipline in practice 3
An employee in a small firm makes a series of mistakes in letters to one of
your key customers promising impossible delivery dates. The customer is
upset at your firm’s failure to meet delivery dates and threatens to take his
business elsewhere.
You are the owner of the business and carry out an investigation and invite
the employee to a disciplinary meeting. You inform her of her right to be
accompanied by a colleague or employee representative.
Discipline in practice 4
A member of your telephone sales team has been to lunch to celebrate
success in an exam. He returns from lunch in a very merry mood, is
slurring his speech and is evidently not fit to carry out his duties. You
decide to send him home and invite him in writing to a disciplinary meeting
setting out his alleged behaviour of gross misconduct for which he could
be dismissed. Your letter includes information about his right to be
accompanied by a colleague or employee representative.
At the meeting he admits he had too much to drink, is very apologetic and
promises that such a thing will not happen again. He is one of your most
valued members of staff and has an exemplary record over his 10 years
service with you. You know that being unfit for work because of excessive
alcohol is listed in your company rules as gross misconduct. In view of the
circumstances and the employee’s record, however, you decide not to
dismiss him but give him a final written warning. You inform the employee
of his right to appeal.
Normal practice is for different types of The appeal should be dealt with
warnings to remain in force for impartially and wherever possible,
different periods. For example, a first by a manager who has not
written warning might be valid for up previously been involved in the
to six months while a final written case.
warning may remain in force for 12
months (or more in exceptional Workers have a statutory right to
circumstances). Warnings should be accompanied at appeal
cease to be ‘live’ following the hearings.
specified period of satisfactory
conduct. Employees should be informed in
writing of the results of the appeal
There may be occasions where an hearing as soon as possible.
employee’s conduct is satisfactory
throughout the period the warning is in The opportunity to appeal against a
force, only to lapse very soon disciplinary decision is essential to
thereafter. Where a pattern emerges natural justice, and appeals may be
and/or there is evidence of abuse, the raised by employees on any number
employee’s disciplinary record should of grounds, for instance new
be borne in mind in deciding how long evidence, undue severity or
any warning should last. inconsistency of the penalty. The
appeal may either be a review of the
disciplinary sanction or a re-hearing
depending on the grounds of the
appeal.
bear in mind that they may have to Employees to whom the full
justify the reasonableness of any procedure is not immediately
decision to dismiss and that an available
employment tribunal will ignore threats It may be sensible to arrange time off
of, and actual industrial action when with pay so that employees who are in
2
determining the fairness of a decision isolated locations or on shifts can
(Section 107, Employment Rights Act attend a disciplinary meeting on the
1996). They should consider all main site in normal working hours.
relevant factors, not just disruption to Alternatively, if a number of witnesses
production, before reaching a need to attend it may be better to
reasonable decision. hold the disciplinary meeting on the
nightshift or at the particular location.
Use of external consultants
In some instances employers may
wish to bring in external consultants to
carry out an investigation. Employers
will still be responsible for any
inappropriate or discriminatory
behaviour if the investigation is carried
out by consultants. Make
arrangements for the investigation to
be overseen by a representative of
management. Make sure that the
consultants follow the organisation’s
disciplinary policies and procedures
and deal with the case fairly in
accordance with the Acas Code of
Practice.
Grievances
Keys to handling
grievances in the
workplace
• Employers and employees should raise and deal with issues promptly
and should not unreasonably delay meetings, decisions or confirmation
of those decisions.
The companion should be allowed to address the hearing to put and sum
up the worker’s case, respond on behalf of the worker to any views
expressed at the meeting and confer with the worker during the hearing.
The companion does not however have the right to answer questions on
the workers behalf, address the hearing if the worker does not wish it or
prevent the employer from explaining their case.
Fellow workers or trade union officials proposed date, the worker can
do not have to accept a request to suggest an alternative time and date
accompany a worker, and they so long as it is reasonable and it is
should not be pressurised to do so. not more than five working days after
the original date.
Trade unions should ensure that their
officials are trained in the role of acting Before the hearing takes place, the
as a worker’s companion. Even when worker should tell the employer who
a trade union official has experience they have chosen as a companion. 3
of acting in the role, there may still In certain circumstances (for instance
be a need for periodic refresher when the companion is an official of
training. Employers should consider a non-recognised trade union) it can
allowing time off for this training. be helpful for the companion and
employer to make contact before the
A worker who has agreed to hearing.
accompany a colleague employed by
the same employer is entitled to take The companion should be allowed to
a reasonable amount of paid time off address the meeting in order to:
to fulfil that responsibility. This should
cover the hearing and it is also good • put the worker’s case
practice to allow time for the
companion to familiarise themselves • sum up the worker’s case
with the case and confer with the
worker before and after the hearing. • respond on the worker’s behalf to
A lay trade union official is permitted any view expressed at the hearing
to take a reasonable amount of paid
time off to accompany a worker at a • confer with the worker during the
hearing, as long as the worker is meeting.
employed by the same employer. In
cases where a lay official agrees to The companion can also confer with
accompany a worker employed by the worker during the hearing. It is
another organisation, time off is a good practice to allow the
matter for agreement by the parties companion to participate as fully as
concerned. possible in the hearing, including
asking witnesses questions. The
Applying the right employer is, however, not legally
Where possible, the employer should required to permit the companion to
allow a companion to have a say in answer questions on the worker’s
the date and time of a hearing. If the behalf, or to address the hearing if
companion cannot attend on a the worker does not wish it, or to
The
Appendices
THE APPENDICES 53
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APPENDIX 2 55
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given and the right of appeal. The some other action short of dismissal)
individual will be advised that it and will refer to the right of appeal. A
constitutes the first stage of the copy of this written warning will be
formal procedure. A record of the kept by the supervisor but will be
improvement note will be kept for disregarded for disciplinary purposes
... months, but will then be after ... months subject to achieving
considered spent – subject to and sustaining satisfactory conduct
achieving and sustaining or performance.
satisfactory performance
Dismissal or other sanction
or If there is still further misconduct or
failure to improve performance the
• a first warning for misconduct if final step in the procedure may be
conduct does not meet dismissal or some other action short
acceptable standards. This will be of dismissal such as demotion or
in writing and set out the nature of disciplinary suspension or transfer
the misconduct and the change in (as allowed in the contract of
behaviour required and the right of employment). Dismissal decisions
appeal. The warning will also can only be taken by the appropriate
inform the employee that a final senior manager, and the employee
written warning may be will be provided in writing with
considered if there is no sustained reasons for dismissal, the date on
satisfactory improvement or which the employment will terminate,
change. A record of the warning and the right of appeal.
will be kept, but it will be
disregarded for disciplinary If some sanction short of dismissal is
purposes after a specified period imposed, the employee will receive
(eg, six months). details of the complaint, will be
warned that dismissal could result if
Final written warning there is no satisfactory improvement,
If the offence is sufficiently serious, or and will be advised of the right of
if there is further misconduct or a appeal. A copy of the written
failure to improve performance warning will be kept by the
during the currency of a prior supervisor but will be disregarded for
warning, a final written warning may disciplinary purposes after ... months
be given to the employee. This will subject to achievement and
give details of the complaint, the sustainment of satisfactory conduct
improvement required and the or performance.
timescale. It will also warn that failure
to improve may lead to dismissal (or
APPENDIX 2 57
Acas Discipline & Grievances Text 16/3/09 12:34 Page 58
Grievance hearing
Your manager will call you to a
meeting, normally within five days, to
discuss your grievance. You have the
right to be accompanied by a
colleague or trade union
representative at this meeting if you
make a reasonable request.
APPENDIX 2 59
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Dear ..................................................
I am writing to tell you that you are required to attend a disciplinary meeting
on .................... at .................... am/pm which is to be held in ....................
At this meeting the question of disciplinary action against you, in accordance
with the Company Disciplinary Procedure, will be considered with regard to:
Note:
* Delete if not applicable
APPENDIX 3 61
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Dear ..................................................
This warning will be placed in your personal file but will be disregarded for
disciplinary purposes after a period of .................... months, provided your
conduct improves/performance reaches a satisfactory level**.
You have the right to appeal against this decision (in writing**)
to .................... within .................... days of receiving this disciplinary
decision.
Yours sincerely
Note:
* The wording should be amended as appropriate
** Delete as appropriate
Dear ..................................................
You have appealed against the written warning/ final written warning*
confirmed to you in writing on ....................
The decision of this appeal hearing is final and there is no further right of
review.
6
Yours sincerely
Note:
* The wording should be amended as appropriate
APPENDIX 3 63
Acas Discipline & Grievances Text 16/3/09 12:34 Page 64
Dear ..................................................
You appealed against the decision of the disciplinary hearing that you be
given a .................... warning/in accordance with the Company Disciplinary
Procedure. The appeal hearing was held on ....................
I am now writing to inform you of the decision taken by the Manager who
conducted the appeal hearing, namely that the decision to ....................
stands*/the decision to .................... be revoked* [specify if no disciplinary
action is being taken or what the new disciplinary action is].
You have now exercised your right of appeal under the Company Disciplinary
Procedure and this decision is final.
Yours sincerely
Note:
* The wording should be amended as appropriate
Dear ..................................................
Yours sincerely
Note:
* Action other than a warning such as transfer or demotion (see p30)
APPENDIX 3 65
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Dear ..................................................
You have the right of appeal against this decision. Please [write]
to .................... within .................... days of receiving this disciplinary
decision
Yours sincerely
Dear ..................................................
The decision of this appeal meeting is final and there is no further right of
review.
6
Yours sincerely
Note:
* Action other than a warning such as transfer or demotion (see p30)
APPENDIX 3 67
Acas Discipline & Grievances Text 16/3/09 12:34 Page 68
Dear ..................................................
You appealed against the decision of the disciplinary hearing that you be
dismissed/subject to disciplinary action [delete as appropriate].
[insert name of the manager] who conducted the appeal meeting, namely
that the decision to .................... stands/ the decision to .................... be
revoked [specify if no disciplinary action is being taken or what the new
disciplinary action is].
You have now exercised your right of appeal under the Company Disciplinary
Procedure and this decision is final.
Yours sincerely
Note:
* Action other than a warning such as transfer or demotion (see p30)
Address ..........................................................................................................
........................................................................................................................
Re ..........................
Name ..................................................
6
Address ..........................................................................................................
........................................................................................................................
To administer Statutory Sick Pay, and the Company's sick pay scheme, and
to plan the work in the department, it would be helpful to have a report on
your patient, who works for our organisation.
APPENDIX 3 69
Acas Discipline & Grievances Text 16/3/09 12:34 Page 70
Is he/she likely to be able to render regular and efficient service in the future?
Is there any specific recommendation you wish to make about him/her which
would help in finding him/her an alternative job, if that is necessary, and if
there is an opportunity for redeployment (for instance no climbing ladders, no
driving).
Yours sincerely
Note:
Please amend/delete where necessary
APPENDIX 4 71
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APPENDIX 4 73
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APPENDIX 4 75
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APPENDIX 5 77
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Disability Discrimination Act 1995 The Act also covers people who
(DDA) become disabled during the course
The DDA gives disabled people of their employment, and this is
rights in employment. A disabled particularly relevant to the absence
person is defined in the Act as handling section of this handbook. It
‘anyone with a physical or mental is vital that the employer should
impairment which has a substantial discuss with the worker what their
and long-term adverse effect upon needs really are and what effect, if
his ability to carry out normal any, the disability may have on future
day-to-day activities’. work with the organisation. Any
dismissal, including compulsory early
However, disability does not retirement, of a disabled employee
necessarily affect someone's health, for a reason relating to the disability
so insisting on a medical report would have to be justified, and the
purely on the basis of the disability reason for it would have to be one
may be unlawful discrimination. which could not be removed or
made less than substantial by any
Discrimination means treating reasonable adjustment.
someone less favourably without any
justification, and the Act requires that The Equality and Human Rights
employers make reasonable Commission provides information
adjustments if that will then remove and advice about all aspects of the
the reason for the unfavourable Disability Discrimination Act, as well
treatment. An example of a as signposting specialist
reasonable adjustment could be the organisations where necessary. In
provision of a suitable computer addition, it can offer good practice
keyboard to an operator who had advice on the employment of
difficulty through disability in using a disabled people.
conventional keyboard. Tel: England 0845 604 6610,
Scotland 0845 604 5510 and for
In relation to discipline and grievance Wales 0845 604 8810.
procedures, employers must clearly
ensure they do not discriminate in
any area of practice which could lead
to dismissal or any other detriment
(for example warnings).
Glossary
capability: an employee's ability or gross misconduct: are acts which
qualification to do their job. Most are so serious as to justify possible
often referred to in discipline cases dismissal see example list on p31
where there is a lack of capability
improvement note: in cases of
conduct: an employee’s behaviour unsatisfactory performance an
in the workplace employee should be given an
improvement note setting out the
disciplinary action: formal action performance problem, the
against an employee: for example improvement that is required, the
issuing a first written warning for timescale for achieving this
misconduct or dismissing someone improvement, a review date and any
for gross misconduct support the employer will provide to
assist the employee
disciplinary procedure: is a
procedure for organisations to follow natural justice: refers to the basic
to deal with cases of misconduct or fundamental principles of fair
unsatisfactory performance. It helps treatment. These principles include
employers deal with discipline cases the duty to give someone a fair
fairly and consistently hearing; the duty to ensure that the
matter is decided by someone who 8
employees: are people who work is impartial; and the duty to allow an
for an employer under a contract of appeal against a decision
employment. The term is used 9
throughout Sections 1 & 2 of the reasonable adjustments: a way of
handbook and the Code of Practice preventing discrimination against
disabled employees by making
grievance: is a problem or concern changes to ensure that they are not
that an employee has about their at a disadvantage. For example, a
work, working conditions or specialist keyboard would count as a
relationships with colleagues reasonable adjustment for a disabled
employee unable to use a
grievance procedure: is a conventional keyboard
procedure for organisations to use to
consider employees’ grievances. It sanction: is a punishment imposed
helps employers deal with grievances on an employee as a result of
fairly and consistently
GLOSSARY 79
Acas Discipline & Grievances Text 16/3/09 12:34 Page 80
unsatisfactory performance or
misconduct. Sanctions may include
dismissal or actions short of
dismissal such as loss of pay or
demotion
Notes
1. For detailed advice on absence 6. Guidance given by the
see the Acas Advisory Booklet Employment Appeal Tribunal in
Managing attendance and Linfood Cash and Carry v
employee turnover. Thomson [1989] IRLR 235, sets
out the approach that should be
2. Further advice and Codes of taken with anonymous
Practice may be obtained from informants. In particular
the Equality and Human Rights statements should be in writing,
Commission at available to the accused
www.equalityhumanrights.com employee and give details of
Acas’ Equality Direct Helpline can time/place/dates as appropriate.
also give help and advice to The employer should enquire as
employers Tel 08456 00 33 44. to the character of the informant
and assess the credibility and
3. The Employment Equality (Age) weight to be attached to the
Regulations 2006 came into force evidence.
on 1 October 2006. See the
Acas Guidance on Age and the 7. Special consideration should be
workplace: a guide for given before imposing disciplinary
employers: Putting the suspension without pay. It must
Employment Equality (Age) be allowed for in the worker’s
Regulations 2006 into practice. contract of employment, and no
suspension should exceed the
4. Guidance on what the written maximum period set out in the 9
statement must include is contract. It must not be
provided on the Department for unreasonably prolonged, since it
Business, Enterprise and would then be open to the
10
Regulatory Reform (BERR) worker to take action for breach
website at www.berr.gov.uk. of contract or resign and claim
constructive dismissal.
5. The recommendations for good
practice can be obtained from
the Information Commissioner’s
Office, Wycliffe House, Water
Lane, Wilmslow, Cheshire SK9
5AF Tel 01625 545700
www.ico.gov.uk.
NOTES 81
Acas Discipline & Grievances Text 16/3/09 12:34 Page 82
9. In law, frustration occurs when, 14. For further information see the
without the fault of either party, Equality and Human Rights
some event, which was not Commission website at
reasonably foreseeable at the www.equalityhumanrights.com.
time of the contract, renders
future performance either 15. Access to Medical Reports Act
impossible or something radically 1988
different from what was
contemplated originally. Legal 16. The GP should return the report
advice should be sought if it is via the company doctor. If there
thought frustration of the is not one the employer should
employment contract has make it clear to the employee,
occurred. when seeking permission to
approach the GP, that the report
10. The recommendations for good will be sent direct to the
practice can be obtained from employer. Employers who wish to
the Information Commissioner’s seek advice on securing the
Office, Wycliffe House, Water services of a company doctor
Lane, Wilmslow, Cheshire SK9 should contact the Faculty of
5AF Tel 01625 545700 Occupational Medicine at 6 St
www.ico.gov.uk. Andrews Place, Regents Park,
London NW1 4LB
11. See advice leaflet – Bullying and Tel 020 7317 5890
harassment at work: a guide for www.facoccmed.ac.uk.
managers and employers.
17. For further information see the
Equality and human rights
commission website at
www.equalityhumanrights.com.
10
NOTES 83
Acas Discipline & Grievances Text 16/3/09 12:34 Page 84
November 2009
Acas’ main offices:
www.acas.org.uk
Helpline 08457 47 47 47
08456 06 16 00 08457 38 37 36
helpline for Minicom users for the Acas Customer Services Team who
can provide details of services and training
08702 42 90 90 in your area or visit www.acas.org.uk/training
Acas publications orderline
08456 00 34 44
to view a full list of Acas publications,
for questions on managing
go to www.acas.org.uk/publications
equality in the workplace
Ref: H02