Handling discipline and grievance issues

The disciplinary and dismissals procedure

Normally, a series of warnings should be given before discipline or dismissal is contemplated. These can include:

• informal oral warning - given for minor offences
• formal oral warning
• written warning, and sometimes a second written warning
• final written warning

If the previous warning has had no effect and the misconduct continues, you should move on to the next stage of the procedure.

Following these stages should help you to handle the issue fairly. It may be appropriate to bypass a stage if the misconduct is serious enough.

Let the worker know that the informal warning is not part of the formal disciplinary procedure. If you do issue a warning without a formal disciplinary hearing, and this leads to dismissal, you risk claims for unfair dimissal.

If your employee's conduct has not improved after a final written warning you could consider dismissal. When contemplating dismissal it's imperative that you follow the new statutory procedure explained below.

Standard disciplinary and dismissals procedure

The standard disciplinary and dismissals procedure has three stages:

1. Put the complaint in writing and set up a meeting, giving the employee sufficient time to prepare. Provide copies to the employee of any evidence that may be used at that meeting. Be aware that employees have the right to be accompanied at that meeting.
2. Hold the meeting with the employee and, if relevant, their colleague. Inform the employee of any decision made after the meeting and notify them of their right to appeal .
3. If the employee wishes to appeal against the disciplinary action that has been decided upon, you must invite the employee to a further meeting. See the page in this guide on  appeals against disciplinary/grievance decisions .

Modified dismissals procedure

In a few cases of gross misconduct the employer may be justifed in dismissing immediately without investigation. In these cases a two-step "modified dismissals procedure" will need to be followed, otherwise it will be automatically unfair.

1. Written statement - the employer must give the employee a written statement setting out the conduct that has resulted in the dismissal and informing the employee of the right to appeal against the decision to dismiss. The employee must appeal to complete the statutory procedure.
2. Appeal meeting - if the employee wishes to appeal they must inform the person named in the procedure. A meeting must be held. The employer must inform the employee of his decision following the meeting.

The Acas Code of Practice on disciplinary and grievance procedures sets out that the disciplinary procedure should be dealt with promptly, in a non-discriminatory way and in writing, explaining who is covered and who has the authority to take disciplinary action.

Download the Code of Practice on disciplinary and grievance procedures from the Acas website (PDF) .

Subjects covered in this guide

• Introduction
• Discipline and grievance procedures and the employment contract
• Setting out disciplinary rules
• The disciplinary and dismissals procedure
• Investigating disciplinary matters
• Preparing for a disciplinary hearing
• Holding a disciplinary hearing
• Types of disciplinary action
• The grievance procedure
• Handling a grievance
• Appeals against disciplinary/grievance decisions

 

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