Handling discipline and grievance issues

Investigating disciplinary matters

When faced with a potential disciplinary matter, carry out a full investigation before taking any action. Consider:

• the alleged breach of discipline, the circumstances and consequences of the breach 
• the worker's job, experience, length of service and disciplinary record
• the evidence of witnesses
• any recent changes to the job
• any previous incidents
• whether the worker has received appropriate counselling or training
• any mitigating circumstances, eg health or domestic problems, or provocation

Once you have taken these factors into account, review the evidence to determine whether there is:

• a case to answer, or whether the case is serious enough for disciplinary measures
• an alternative to disciplinary action, eg an informal chat or redeployment

Suspending an employee while an investigation takes place

For certain serious offences you may need to suspend a worker whilst a full investigation takes place. The worker should continue to receive their full pay. If you wish to be able to suspend a worker without pay, you will need to provide for this in their contract. However, try to avoid suspension as it penalises a worker before any disciplinary hearing has taken place.

Criminal offences

Don't dismiss someone merely because they have been charged with or convicted of a criminal offence, either at work or outside. You should investigate what action is justified given the worker's role and consider whether it affects their suitability to carry on. If it does, use normal disciplinary rules. If it doesn't, decide whether you can keep their job open during any period of absence.

Base your decision on a reasonable belief following an investigation into the circumstances. However, if a criminal charge has been made, don't put off taking appropriate, fair and reasonable disciplinary action merely because the outcome of the prosecution isn't yet known.

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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