Handling discipline and grievance issues

Types of disciplinary action

After a disciplinary hearing, you can:

• drop the matter
• provide counselling or training to help to resolve the matter
• take disciplinary action

Take account of factors such as the worker's previous record and any special circumstances in making your decision. For a list of possible factors to consider see the page in this guide on investigating disciplinary matters .

Other sanctions

Where the misconduct is serious but falls short of gross misconduct, other options - provided the worker's contract allows - include:

• transferring the worker to another job
• demotion
• non-payment of bonuses

To avoid potential claims to an employment tribunal, you should expressly provide for any of these sanctions in the contract of employment. See our guide on the employment contract .

Dismissal

The most severe sanction is dismissal. Make it clear in your warnings that if the offence is repeated, it will result in dismissal. If you are contemplating dismissal, you must follow the statutory standard disciplinary and dismissals procedure. Failure to do so will result in a finding of automatically unfair dismissal.

For gross misconduct you may be able to dismiss without giving notice or pay in lieu of notice but you must still follow proper procedures. You could suspend a worker on full pay during an investigation. Having a provision allowing suspension in the employment contract is a good idea. You should make sure though that any suspension has reasonable and proper cause, and that you have considered alternative action, eg a transfer. See our guide on dismissal .

An important final part of the disciplinary procedure is the right of appeal. See the page in this guide on appeals against disciplinary/grievance decisions .

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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