Handling discipline and grievance issues

Setting out disciplinary rules

Draw up rules to set the standards of conduct and performance required. Make sure your rules are fair, clearly written and reflect the needs of your business.

Rules can help:

• your workforce to understand what you expect of them
• to contain and resolve issues
• to avoid potential employment tribunal complaints

You cannot expect to list everything that might lead to disciplinary action but you could cover:

• absence
• discrimination, bullying and harassment
• health and safety
• personal appearance
• prohibited activities
• smoking
• work standards
• timekeeping
• use of company facilities and equipment

See our guide on how to set up employment policies for your business .

The rules should also set out behaviour which will be treated as gross misconduct - misconduct judged so serious that it's likely to lead to dismissal without notice. It's important to give examples of what will count as gross misconduct, such as:

• bullying
• drunkenness/drug abuse
• fighting at work
• fraud
• gross negligence/ insubordination
• serious breaches of health and safety
• theft
• wilful damage to property

Make it clear in your disciplinary procedure that the list is not meant to be exhaustive. What counts as gross misconduct varies depending on the type of business and the role of the worker.

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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