Navigating Problems
Disciplinary Procedures & Grievance: A Guide for Managers
I've received excellent support from the HR Dept. Everyone I've interacted with has been highly professional, knowledgeable, and consistently willing to help. In particular, Adam Wood has been incredibly supportive over the past six months, providing invaluable assistance on a range of projectsOlivia,
The HR Dept have been very supportive and professional in helping the Trust effectively handle a range HR issues. A highly recommended service.Angus,
Emma at HR Dept was the perfect support for a tricky matter involving a staff disciplinary meeting. So reassuring. We would have no hesitation in recommending Emma and HR Dept to other businesses navigating the minefield of employment law. Thank you!David,
Since using Sandhya Iyer and the HR Department, Sevenoaks I know I have someone covering my back. Its stressful enough running a business without having to try and stay on top of the myriad changes to employment law and with Sandhya's support I know I am up to date and she is looking our for me. On top of that, should a staff matter crop up I know it will be dealt with professionally and in a way that protects me and my business. What more could one ask for?Simon,
Managing a difficult situation with an employee? Let’s meet up and face it together.
As an employer, you will encounter staff with poor performance or time keeping, or who are guilty of serious breaches of your rules. All these people problems need timely and correct handling. We will make sure you have a comprehensive disciplinary and grievance policy. If desired, we can carry out investigations and even be there in person to make the whole experience as painless as possible. With our advice you can be reassured that your processes will be legally compliant.
Disciplinary issues fall into two main categories: misconduct for minor infringements and gross misconduct which can result in summary dismissal. The disciplinary and grievance policy we provide will meet your specific needs.
Our pay-monthly HR advice line service provides ultimate peace of mind by providing tribunal insurance protection. But we are also more than happy to help on a case-by-case basis.
Get help dealing with disciplinaries and grievances
Investigations into staff misconduct
A thorough investigation into any employee misconduct or a grievance allegation must be undertaken, unless the situation is obvious. The investigating officer cannot be involved with any subsequent hearing. We can provide impartiality, especially for smaller firms who do not have sufficient resources in-house.
Capability policies and guidance
There are some employees who underperform because they do not have the necessary skills to do their job. And others who’ve had so much sick leave that an unfair burden is placed on their colleagues. To handle these situations, you’ll need a capability policy and guidance on how to manage an employee back to full performance or, if necessary, out of the business.
Care is needed when handling ill health dismissals to ensure you’re not faced with a disability discrimination claim. We can help with this.
Moving forward
If you’ve reached a dead end, The HR Dept can help you get back on track. Want to know more? Simply call or email us and we’ll discuss next steps.
Up next read more about staff performance appraisals
Disciplinary & Grievance FAQ
A complaint should be considered as a grievance. The main difference is whether or not it has been raised and dealt with informally or formally in writing.
On the rare occasion that a grievance cannot be resolved, mediation may be used to help both sides reach an agreement or manage conflict between two parties. The ‘mediator’ is independent and impartial so they do not take sides and they cannot force a solution – both parties must agree. Mediation is a service that we can provide.
Disciplinary and grievance procedures both service distinct purposes and are equally important for employers and employees. They ensure concerns and complaints are dealt with fairly and consistently from both sides of the workplace.
There are many different types of grievances in the workplace. Some of the most common include:
- Bullying and harassment
- Discrimination
- Pay
- Work conditions
- Workload
Disciplinary procedures are an important management tool because they make clear what is and is not acceptable conduct and behaviour in the workplace. Disciplinary procedures also ensure employees are treated fairly and consistently, which minimises the risk of being accused of discrimination or unfair dismissal.
If an employee raises a grievance before a disciplinary hearing, it may be appropriate to suspend the hearing, however this is not a necessary action and will always be at the employer’s discretion.
After a grievance is filed, a meeting will be held between an employer and employee to discuss the issue and to see if a decision on how to resolve it can be reached. If an employee is not satisfied with the outcome, they might decide to appeal the decision.
Other services you may be interested in
Starting out
Choosing The Right Path
Navigating Problems
Changing Course
End Of The Road
