Disciplinary and Grievances in Devon

 

Ask yourself these questions: –

How do you manage Employee Grievancies and Disciplinary issues?

 

Are you following your Policy and Procedures or the ACAS Code?

 

Are your Managers trained in handling Grievances?

 

Are your Managers trained in carrying out Disciplinary Investigations and formal Hearings?

 

What happens if you get it wrong – are you prepared for a tribunal claim?

 

If an employee is not behaving in a way that reflects your Company’s core values and beliefs, then the workplace can become very toxic.  This will then manifest and start to affect all those connected with the work that they do including your customers and suppliers.

It’s an area that is often overlooked or excused by employers as they seek a less controversial life.  Dealing with toxic employees can be exhausting and generally employers believe that if they ignore the situation it will go away.  They are also victims of the toxic employees.

At Westcounty HR we can take the conflict away from you and act as the third party and assist you in bringing the situation under control.

We will guide you through employee Disciplinary Hearings and Grievances that arise in your business taking the stress and time away from you.

Whether it’s a grievance, gross or misconduct matter or poor performance related issue we will hold your hand on the journey and bring you out safely the other end.

Follow a fair procedure

You must follow a full and fair procedure in line with your Disciplinary Policy or at least the Acas Code for any discipline case.

A disciplinary procedure is a formal way for an employer to deal with an employee’s:

  • unacceptable or improper behaviour (‘misconduct’)
  • performance (‘capability’)

Before starting a disciplinary procedure, the employer should first see whether the problem can be resolved in an informal way. This can often be the quickest and easiest solution.

Investigate  – The employer must carry out an investigation to get as much information as they reasonably can about their employee’s alleged misconduct or poor performance.  Where the investigation shows the employee has a case to answer, the employer should ask them to a disciplinary meeting or ‘hearing’.

Disciplinary Meeting –  The hearing should be held as soon as possible after the investigation, while giving reasonable time for the employee to prepare. By law, an employee or worker can bring a relevant person (‘companion’) with them to a disciplinary hearing. This is called ‘the right to be accompanied’. It’s a good idea for the employer to take some time after the hearing to consider the case carefully before making a decision.

Outcome – After following a fair disciplinary procedure, the employer should decide on the best outcome based on:

  • the findings from the investigation and meetings
  • what is fair and reasonable
  • what their workplace has done in any similar cases before

The employer should tell the employee of the outcome as soon as possible and in writing

Appeal – Offer right of Appeal – This is so the employee can raise an appeal if they feel:

  • the outcome is too severe
  • any stage of the disciplinary procedure was wrong or unfair

 

Follow a fair process

You must follow a full and fair procedure in line with your Grievance Policy or at least the Acas Code for any grievance case.

A grievance procedure is a formal way for an employee to raise a problem or complaint to their employer.  The employee can raise a grievance if:

  • they feel raising it informally has not worked
  • they do not want it dealt with informally
  • it’s a very serious issue, for example sexual harassment or whistleblowing

Confirm receipt of Grievance –  You should not discipline anyone involved in a grievance before getting all the information and evidence.

Investigate –  The employer should investigate the grievance so that they can make a fair decision about the grievance.   When an employee raises a formal grievance, the employer should arrange to hold a meeting within 5 working days ideally.

Grievance Meeting – The employer should allow employees enough time to prepare for the meeting. A fair procedure should be followed:-

  • consider information or evidence from all sides
  • see if a similar grievance has happened before and aim to follow the same fair procedure

Outcome –  After following a fair grievance procedure, the employer should decide on the best outcome based on:

  • the findings from meetings and investigations
  • what is fair and reasonable
  • what their workplace has done in any similar cases before

The employer should tell the employee of the outcome as soon as possible and in writing.  If the grievance involved other people in the workplace and it was upheld, the employer might need to start a disciplinary process

Appeal  – The employer should offer the employee the right of appeal. This is so the employee can raise an appeal if they feel:

  • the outcome does not resolve the problem
  • any stage of the grievance procedure was wrong or unfair

 

If you are looking to implement any of the above, then get in touch with HR consultants, Westcountry HR, today!