Discipline and grievances procedure changes

This is because the widely criticised statutory disciplinary and grievance procedures have now been replaced with a new ACAS Code of Practice.

There has been a move away from the rigidity of the statutory procedures and the emphasis of the ACAS code is on dealing with problems in the workplace fairly and promptly, and even informally in the first instance.

An enhanced ACAS helpline has also been launched which can help to resolve disputes before tribunal action is even contemplated.

How should disciplinary problems be handled?

Employers are encouraged to develop fair rules, which should be written down, and be clear to all staff.  It is also a good idea to consider involving employees in developing the rules and making sure that everybody knows where they are kept or has a copy.

When an employer receives an allegation of misconduct, they must investigate the allegations promptly and thoroughly to establish all of the facts.  If possible, the employer should have different people to carry out the investigations and the hearing. Any periods of suspension from work should be kept as short as possible.  Remember to keep your employees informed and notified of all allegations against them.

Employers need to deal with issues fairly, promptly and consistently.  Employees must be given the opportunity to put their side of the case forward and they must be allowed to appeal decisions and to be accompanied at formal meetings if they so wish.

The code also advises parties to consider appointing mediators either externally or internally who can assist you to resolve workplace issues as they arise and nip them in the bud.

It is important that a written record of any disciplinary or grievances is kept on the personnel file.

What about Grievances?

Grievances are defined within the code as any ‘concerns, problems or complaints that employees raise with their employer’.

As a starting point employees are encouraged to raise grievances informally as soon as possible. If this does not lead to a resolution of the problem, an employee should raise the grievance formally with a Manager who is not the subject of the grievance.  It is good practice for the employer to then hold a meeting with the employee to discuss the grievance and discuss how it can be resolved. The employee should have the right to be accompanied, if they so wish.  After the meeting, the employer should come to a decision and communicate this in writing to the employee. The employee also has the right of appeal if they are not content with the action taken.

Please remember that if an employer unreasonably fails to follow the Code of Practice, the tribunal can award a 25% uplift on compensation.  Conversely, if an employee unreasonably fails to follow the code, they could face a 25% decrease in their compensation.

The Code of Practice and guidance notes are available from ACAS, but if you have any queries or would like advice upon making or defending a claim that has been made against your company, please contact the Employment Law team at Ascot Lawyers on 0845 300 3574.

Please note that this is only intended to be a general guide and is not intended to be a substitute for specific legal advice.