Statutory Disciplinary and Grievance Procedures What s All the Fuss About?

Size: px
Start display at page:

Download "Statutory Disciplinary and Grievance Procedures What s All the Fuss About?"

Transcription

1 October 2004 Statutory Disciplinary and Grievance Procedures What s All the Fuss About? The Employment Act 2002 ( EA ) established a framework for promoting the resolution of employment disputes in the workplace via statutory disciplinary and grievance procedures. The Employment Act 2002 (Dispute Resolution) Regulations 2004 ( the Regulations ) provides the detail as to how these procedures will operate in practice, which is by no means as straightforward as might be assumed. The new statutory procedures under the Regulations will come into force on 1 October 2004 and employers need to be aware of them. The new procedures are intended to encourage employers and employees to end up in tribunals less by communicating more but, as with most new employment legislation, it seems likely that (initially at least) the difficulty in interpreting them will actually create further case law in its own right. For the most part, the procedures are unlikely to impact greatly on an organisation s existing disciplinary and grievance procedures because most of these procedures at least where they are modelled on the ACAS guide will go beyond the new requirements in any event. The danger will come, however, where an organisation does not have good enough existing procedures and/or does not follow its own procedures; in that case, the cost of getting it wrong will potentially be significant and it is crucial that employers understand exactly what are the minimum requirements. Employers also need to beware in relation to situations which would not warrant compliance with their existing disciplinary and grievance procedures, such as individual redundancy dismissals and non-renewal of a fixed term contract, as the Regulations bring these situations within the statutory procedure requirements. Key Changes Penalties The Regulations provide that a dismissal will automatically be unfair if an applicable statutory disciplinary procedure has not been followed. In practice, however, this will not be a significant change because failure to follow a basic procedure would almost certainly result in a finding of unfair dismissal under existing common law principles. Even where there is an automatic unfair dismissal, existing requirements of qualifying service will still apply. Conversely, following a statutory procedure will not guarantee that a dismissal is fair; existing fair procedural guidelines still need to be followed on top of the statutory minimum requirements. The real teeth of the Regulations lie in the penalties. A procedural unfair dismissal under current rules might result in a negligible award where the employer can show that following a procedure would have made little or no difference to the outcome. Under the Regulations, however, if the minimum procedure is not followed, the resulting award will be increased by 10-50% (although this will still be subject to the applicable statutory cap, currently 55,000 for unfair dismissal). Similarly, if an employee brings a constructive dismissal claim, but has not followed the minimum grievance procedure, or brings an unfair dismissal claim without first exercising the right to appeal, the award may be reduced by 10-50%. In addition, the basic award under an unfair dismissal claim will be subject to a minimum of four weeks pay (subject to the statutory cap, currently 270 per week) where the relevant procedure was not followed. It is important to note that the 10-50% increase/decrease applies to a variety of tribunal claims where the appropriate procedure has not been followed by the employer/ employee not just unfair dismissal. The relevant claims 2004 Jones Day. All rights reserved.

2 are listed in the Regulations and include discrimination, equal pay, unauthorised deductions from wages, breach of employment contract and breach of the Working Time Regulations There is no stand-alone penalty for breach of the procedures. Accordingly, in order to be eligible for an award, an employee would have to pursue one of the claims listed in the Regulations and then show that a breach of the procedures had occurred in relation to the subject of that claim. Dismissal and Disciplinary Procedures Application The Regulations apply to employees only (not the wider category of workers) and the statutory disciplinary procedure will be triggered where the employer is contemplating dismissal or relevant disciplinary action. Dismissal will include any dismissals, including those for redundancy, retirement or expiry of a fixed term contract. Relevant disciplinary action is confined to an action short of dismissal which is based wholly or mainly on the employee s conduct or capability, excluding paid suspension and oral or written warnings. Such actions may include demotion, a salary cut or unpaid suspension. Of course, most existing disciplinary procedures will still stipulate a procedure for the warning stages, in line with ACAS guidance, and it would be best practice to continue with that procedure even though warnings fall outside of the statutory procedural requirements under the Regulations. The fact that dismissals triggering the procedure are not confined to conduct or capability dismissals will mean, for example, that an appeal against an individual redundancy decision will now be a statutory right. There are two alternative statutory procedures which will apply in these circumstances: the Standard Dismissal and Disciplinary Procedure ( the Standard Disciplinary Procedure ) and the Modified Dismissal and Disciplinary Procedure ( the Modified Disciplinary Procedure ). Most cases will involve the Standard Disciplinary Procedure, as the Modified Disciplinary Procedure will only apply where (a) the employer dismissed the employee without notice on the basis of conduct, (b) the dismissal took place at the time the employer became aware of the gross misconduct (or immediately after), (c) the employer was entitled to dismiss for gross misconduct without notice or payment in lieu of notice, and (d) it was reasonable for the employer to dismiss, without investigating the circumstances. In other words, the employee will already have been summarily dismissed before the procedure is implemented and the employer will have to show that exceptional circumstances applied at the time. Standard Disciplinary Procedure The steps which need to be taken under the Standard Disciplinary Procedure are as follows. Step 1 Issue a statement of grounds for action - The employer must write to the employee detailing the nature of the employee s conduct, capability or other circumstances that may result in dismissal or disciplinary action. Step 2 Arrange a meeting - Before action is taken (except in cases of suspension), a meeting must be arranged with the employee to discuss the issue. After the meeting the employer must tell the employee what its decision is and offer the employee a right of appeal. Step 3 Arrange an appeal - The employee must tell the employer if he wishes to appeal. The employer must invite him or her to a second meeting and the employee should try to attend. The final decision must be communicated to the employee. Modified Disciplinary Procedure The Modified Disciplinary Procedure is a truncated version of the Standard Disciplinary Procedure, as follows: Step 1 The employer must write to the employee detailing the nature of the alleged misconduct that led to the dismissal, the evidence for the decision and the employee s right to appeal against the decision. Step 2 The employee must inform the employer if he or she wishes to appeal. The employer must invite the employee to attend a meeting to appeal against the employer s decision and the final decision is to be communicated to the employee. The Modified Disciplinary Procedure must be completed in full and failure to do so will normally result in any dismissal being found automatically unfair. However, if the employee presents his complaint to the employment tribunal before the employer has written, setting out the employee s alleged misconduct that gave rise to the dismissal, the Modified Disciplinary Procedure will not apply. Exceptions Neither disciplinary procedure will apply in the following circumstances: (a) collective redundancies - (i.e. 20 or more redundancy 2

3 dismissals within a 90 day period, where the duty to inform and consult employees on a collective basis applies separately); (b) dismissal then re-engagement - (provided that re-engagement is offered before or on termination of the existing contract); (c) most unofficial industrial action dismissals; (d) constructive dismissal - the employee would need to follow either the Standard or Modified Grievance Procedure if he or she wished to make a tribunal claim relating to the constructive dismissal; (e) some dismissals where the employer s business suddenly ceases to function and all employees are dismissed; (f) dismissals where continued employment of the employee would contravene a legal duty or restriction; (g) where, at the time of the dismissal, the employee is covered by a dismissal procedures agreement (with a trade union). Grievance Procedures The Regulations define a grievance as a complaint by an employee about actions which his employer has taken or is contemplating taking in relation to him. The intention is to make it more difficult for employees to bring claims based on grievances they had not previously raised with their employer. The Standard Grievance Procedure is intended to apply in cases where an employee is aggrieved about action taken by his employer in relation to him and the employee asserts that the main reason for that action is something unconnected with his conduct or capability. The types of action in question will typically include warnings (written and oral), investigatory suspensions and those actions giving rise to constructive dismissal, but will exclude other dismissals and collective actions. It will also apply when an employee wishes to complain about actions taken by colleagues, should the employer fail to address the issue. Where the procedure applies, an employee will generally be prevented from bringing a claim (e.g. harassment or discrimination) in an employment tribunal arising from a grievance of this nature, until he has submitted a written grievance under the procedure and has waited for 28 days to pass. The Modified Grievance Procedure will apply when there is no ongoing employment relationship and the parties have no interest in following the procedures and have mutually agreed as such or where the employer was not aware of the grievance before the employment ended. 3 Standard Grievance Procedure As with the Standard Disciplinary Procedure, the Standard Grievance Procedure will be the applicable procedure in most cases and must include the minimum steps set out below. Step 1 Issue a written grievance - The employee must write to the employer detailing the nature of the alleged grievance. (The employee must allow 28 days before a claim will be admitted to the tribunal.) Step 2 Arrange a meeting - The employer must invite the employee to a meeting to discuss the alleged grievance. The employee must take reasonable steps to attend the meeting and after the meeting the employer must inform the employee about any decision and offer the employee a right of appeal. Step 3 Inform of appeal - The employee must inform the employer that he wishes to appeal against the employer s decision or failure to make a decision if he considers that the grievance has not been satisfactorily resolved. The employer must then communicate the final decision to the employer. Modified Grievance Procedure Where the Modified Grievance Procedure applies, the required steps are as follows: Step 1 The employee must set out in writing the nature of the alleged grievance to the employer. Step 2 The employer must set out his response in writing and send it to the employee. Exceptions Neither the Standard nor the Modified Grievance Procedure will apply where the employment has ended, neither of the grievance procedures has been commenced by that point and since the end of employment it has become not reasonably practicable for the employee to send the Step 1 letter to initiate either of the procedures. The parties will be treated as having complied with the grievance procedures where: (a) the grievance is raised in writing during a dismissal and disciplinary procedure; (b) the grievance procedure is not completed because it is not reasonably practicable; (c) the grievance has already been collectively raised; or (d) an alternative collectively agreed resolution procedure exists and the employee has raised his or her grievance using that procedure.

4 Grievance about disciplinary actions In cases where the employer has dismissed or is contemplating dismissing an employee, there is no requirement for the employee to raise a grievance as the situation would be covered by the dismissal and disciplinary procedures. However, the grievance procedures will apply if the employer has taken or contemplates taking conduct or capability related disciplinary action and the employee feels either that it is or would be on an unlawfully discriminatory basis or that, contrary to the employer s assertion, it is not being taken on conduct or capability grounds. Important Factors Applying to All Procedures Employers should bear in mind the following requirements during any statutory procedures, whether modified or standard: there should not be an unreasonable delay in any step by either side; timing and location of any meetings arranged must be reasonable; meetings must be conducted so that both parties can explain their case; appeals should, where possible, be dealt with by a more senior manager than dealt with the initial meeting; the employee can choose to be accompanied to the Step 2 meeting and/or Step 3 appeal by either a colleague or a trade union or elected employee representative, provided that it constitutes a disciplinary or grievance meeting for the purposes of section 10 of the Employment Relations Act Exemptions Which Apply To All Statutory Procedures There will be no need to follow any procedure if one party has reasonable grounds for believing that following the procedures would result in a significant threat to any person or property; or where the person has been subject to harassment and has reasonable grounds to believe that following the procedures would result in further harassment; or if it is not practical to commence or comply with the procedures within a reasonable period (what is reasonable is likely to be judged narrowly and on the circumstances of each particular case); or if there are issues of national security involved. Failure to Attend Meeting Where a meeting has been arranged under the Standard or Modified Disciplinary or Grievance Procedures and the employee fails to attend, the employer will be released from all future obligations under that procedure if the employee has not taken all reasonable steps to attend the meeting. If, however, the employee can show that it was not reasonably practicable for him or his chosen companion to attend, this will not count as a breach and the employer must rearrange the meeting, provided that the failure to attend was for a reason which was not foreseeable when the meeting was arranged. The employer must notify the employee of the details of the new meeting. If it is not reasonably practicable for either party to attend the rescheduled meeting, there is no statutory obligation to rearrange it again and the parties will be deemed to have complied with the statutory procedure note that this deemed compliance is only with the statutory procedure; under common law rules a failure to attempt to rearrange a further meeting may well be considered unfair or unreasonable. Extension of Time Limits Standard Disciplinary Procedure Where the employee has reasonable grounds for believing a disciplinary procedure is still ongoing at the point where the normal time limit for bringing a tribunal claim applies, the time limit will be extended by three months. (This is only where discussions are still continuing.) Standard Grievance Procedure Where this procedure applies, the deadline for bringing a tribunal claim is extended by 3 months where the employee has written a Step 1 grievance letter within the normal time limit, or where the employee has issued a claim within the normal time limit but has not issued a Step 1 grievance letter. In the latter case, the grievance letter must be submitted within 28 days of the expiry of the normal time limit. Contractual Effect and Written Particulars Originally, it was proposed that the statutory disciplinary and grievance procedures would be implied into all contracts of employment and section 30 of the EA allows for this. This proposal has been shelved, however, for the time being at least. It is scheduled to be reviewed in

5 The Regulations do, however, contain more stringent requirements governing the information to be given to employees in relation to the applicable disciplinary and grievance procedures. Before employment starts or within two months of its commencement, written particulars must be provided to the employee detailing (or referring to a reasonably accessible document which sets out these details) the disciplinary rules, the procedure that applies to any decision to dismiss or discipline an employee, the person to whom the employee can appeal if dissatisfied with a disciplinary decision or in order to bring a grievance, and any other steps necessary to make such an application. If an employee brings one of the claims listed in the Regulations and also proves a breach of this requirement, the tribunal may make an additional award of two to four weeks pay (subject to the 270 maximum weekly pay). Action Points Employers should act now to ensure that they are not caught out by the new Regulations. Suggested actions include: (a) audit existing procedures (disciplinary, grievance and where necessary, redundancy) to ensure compliance with the minimum statutory requirements; (b) ensure the procedures are outlined or referred to in the written statement of terms and conditions of employment/employment contract; (c) get in the habit of setting out any concerns to employees in writing, holding meetings to deal with them and offering appeals; (d) audit existing fixed term contract employees and diarise the need to write to them and convene a meeting in accordance with the Standard Disciplinary Procedure, in sufficient time before the scheduled expiry of the fixed term; (e) remember that these statutory procedures are intended to provide a minimum legal standard, not a best practice standard, so the ACAS model and guidance (which have been updated to take account of the statutory procedures) should still be used in disciplinary and grievance situations; (f) although the subject matter is deceptively simple, the precise rules of the Regulations are complicated. Therefore, avoid seeking to rely on procedural loopholes (thereby risking becoming embroiled in litigation over the intricate workings of the Regulations) and aim to follow the minimum procedures in all dismissal, disciplinary and grievance situation. Further Information This commentary is a publication of Jones Day. It is intended to raise your awareness of certain issues (as at September 2004) under the laws of England and Wales; it is not intended to be comprehensive or a substitute for proper advice which should always be taken for particular queries. The contents are for general information purposes only and may not be quoted or referred to in any other publication or proceeding without the prior written consent of the Firm, to be given or withheld at its discretion. The mailing of this publication is not intended to create, and receipt of it does not constitute, a solicitor-client relationship. If you need help and advice on the issues raised in this commentary, please contact any of the following: Martin Piers mjpiers@jonesday.com Richard Martin rtmartin@jonesday.com Nicola Whiteley nwhiteley@jonesday.com Mandy Perry mjperry@jonesday.com Leigh Warden ljwarden@jonesday.com Catherine Connor cconnor@jonesday.com 5

Guidance on the Employment Act 2002 (Dispute Resolution) Regulations 2004 and associated provisions in the Employment Act 2002

Guidance on the Employment Act 2002 (Dispute Resolution) Regulations 2004 and associated provisions in the Employment Act 2002 Guidance on the Employment Act 2002 (Dispute Resolution) Regulations 2004 and associated provisions in the Employment Act 2002 CONTENTS Chapter 1 - Introduction...1 Chapter 2 - Dismissal and disciplinary

More information

TSSA Rep s Bulletin Ref: EMP/045/SEPT 2004

TSSA Rep s Bulletin Ref: EMP/045/SEPT 2004 TSSA Rep s Bulletin Ref: EMP/045/SEPT 2004 NEW STATUTORY GRIEVANCE & DISCIPLINARY PROCEDURES Introduction The new statutory minimum grievance and disciplinary procedures come into effect on 01 October

More information

EMPLOYMENT ACT 2002: STATUTORY DISPUTE RESOLUTION

EMPLOYMENT ACT 2002: STATUTORY DISPUTE RESOLUTION EMPLOYMENT ACT 2002: STATUTORY DISPUTE RESOLUTION This article first appeared in Employment Law & Litigation volume 7 issue 4 2003 The Employment Act 2002 (EA 2002) introduces a new compulsory system for

More information

Acas consultation. on the revision of paragraphs 15 and 36 of the Acas Code of Practice on Disciplinary and Grievance Procedures

Acas consultation. on the revision of paragraphs 15 and 36 of the Acas Code of Practice on Disciplinary and Grievance Procedures Acas consultation on the revision of paragraphs 15 and 36 of the Acas Code of Practice on Disciplinary and Grievance Procedures December 2013 Acas consultation on the revision of paragraphs 15 and 36 of

More information

Employee Disciplinary Procedure

Employee Disciplinary Procedure Employee Disciplinary Procedure PURPOSE AND SCOPE This procedure is designed to help and encourage all council employees to achieve and maintain high standards of conduct whilst at work or representing

More information

DISMISSAL PROCEDURES

DISMISSAL PROCEDURES DISMISSAL PROCEDURES Dismissal Procedures There have been many changes to employment law and regulations in the last few years. A key area is the freedom or lack of freedom to dismiss an employee. An employee

More information

Technical factsheet Disciplinary, dismissal and grievance procedures

Technical factsheet Disciplinary, dismissal and grievance procedures Technical factsheet Disciplinary, dismissal and grievance procedures This factsheet is part of a suite of employment factsheets and a pro forma contract that are updated regularly. These are: The contract

More information

WHITELEY PRE SCHOOL DISCIPLINARY PROCEDURE. 1.1 The disciplinary procedure applies to all members of staff, volunteers and committee members.

WHITELEY PRE SCHOOL DISCIPLINARY PROCEDURE. 1.1 The disciplinary procedure applies to all members of staff, volunteers and committee members. WHITELEY PRE SCHOOL DISCIPLINARY PROCEDURE 1. INTRODUCTION 1.1 The disciplinary procedure applies to all members of staff, volunteers and committee members. 1.2 The procedure will be applied in accordance

More information

DISPUTE RESOLUTION GUIDE TO THE NEW RULES

DISPUTE RESOLUTION GUIDE TO THE NEW RULES DISPUTE RESOLUTION GRIEVANCES AND DISCIPLINARIES In this supplement we look at the new rules that the Government is introducing this month (October 2004) on internal grievance and disciplinary procedures.

More information

UNIVERSITY OF ST ANDREWS STUDENTS ASSOCIATION STAFF DISCIPLINARY PROCEDURE

UNIVERSITY OF ST ANDREWS STUDENTS ASSOCIATION STAFF DISCIPLINARY PROCEDURE UNIVERSITY OF ST ANDREWS STUDENTS ASSOCIATION STAFF DISCIPLINARY PROCEDURE 1. Introduction 1.1 In the Association, as in any organisation, issues may arise in relation to staff conduct. In the first instance

More information

SICKNESS ABSENCE POLICY

SICKNESS ABSENCE POLICY SICKNESS ABSENCE POLICY Implementation Date: 01 April 2013 Review Date: 01 April 2016 April 2013 V1.0 Page 1 of 12 Contents POLICY OVERVIEW... 3 Purpose... 3 Who this Policy applies to... 3 Key Principles...

More information

Little Rascals Pre-school Disciplinary Procedure Policy

Little Rascals Pre-school Disciplinary Procedure Policy Little Rascals Pre-school Disciplinary Procedure Policy At Little Rascals we follow our legal obligations as an employer at all times including dealing with any disciplinary matter in a fair and consistent

More information

Whole School Model Disciplinary Procedure

Whole School Model Disciplinary Procedure Whole School Model Disciplinary Procedure 1.1. The Headteacher and Governing Body have a responsibility to assist all members of staff (both teaching and non-teaching) in the school to achieve an acceptable

More information

Discipline Policy and Procedure. Adopted by the Trust Board on 6 December 2016

Discipline Policy and Procedure. Adopted by the Trust Board on 6 December 2016 Discipline Policy and Procedure Adopted by the Trust Board on 6 December 2016 1 P a g e Whole Trust Discipline Policy and Procedure Contents 1. Purpose... 2 2. General Principles... 2 3. Acceptable Behaviour

More information

Capability health procedure for academic support staff

Capability health procedure for academic support staff Capability health procedure for academic support staff Policy The School's policy in relation to sickness absence is to support employees by paying sick pay and investigating absence in conjunction with

More information

THIS AGREEMENT is made on the [insert day] day of [insert month] [insert year]

THIS AGREEMENT is made on the [insert day] day of [insert month] [insert year] This is a sample not the full document Buy the full document in Word format. Select from the following options: Individual Document compactlaw.co.uk/directors-service-agreement.html Employers Pack Staff

More information

unfair dismissal and redundancy

unfair dismissal and redundancy Unite Legal Services Summary of the law on unfair dismissal and redundancy www.unitetheunion.org 2 Contents About this booklet 3 Unfair dismissal? 3 What about strikes and lock outs? 5 What is the procedure

More information

An overview of Employment Law in England & Wales. April Please contact our Company Commercial department for further information

An overview of Employment Law in England & Wales. April Please contact our Company Commercial department for further information An overview of Employment Law in England & Wales April 2017 Please contact our Company Commercial department for further information An overview of Employment Law in England & Wales 1 Contents Page 1)

More information

WEST HILL PARISH COUNCIL DISCIPLINARY POLICY

WEST HILL PARISH COUNCIL DISCIPLINARY POLICY INTRODUCTION WEST HILL PARISH COUNCIL DISCIPLINARY POLICY 1 This policy is based on and complies with the 2009 ACAS Code of Practice (http://www.acas.org.uk/chttphandler.ashx?id=1047&p=0). It is designed

More information

WITH EFFECT FROM 1 JANUARY Many difficulties that arise can be resolved quickly and informally between managers and their staff.

WITH EFFECT FROM 1 JANUARY Many difficulties that arise can be resolved quickly and informally between managers and their staff. THE GRIEVANCE PROCEDURE 1. INTRODUCTION WITH EFFECT FROM 1 JANUARY 2013 1.1. Many difficulties that arise can be resolved quickly and informally between managers and their staff. 1.2. Every effort should

More information

Disciplinary Policy & Procedure

Disciplinary Policy & Procedure Disciplinary Policy & Procedure 1. Purpose and scope 1.1. The purpose of this disciplinary policy is to help and encourage all employees to achieve and maintain required standards of performance and conduct.

More information

Westfield Primary School DISCIPLINARY POLICY AND PROCEDURE

Westfield Primary School DISCIPLINARY POLICY AND PROCEDURE Westfield Primary School DISCIPLINARY POLICY AND PROCEDURE This Policy and procedure applies to all employees of Westfield School only. It does not form part of the terms and conditions of any employee

More information

INSERT TITLE AND BRANDING Dr A Gill s signature and front cover to be placed on policy when received from Communications. (Policy fully ratified)

INSERT TITLE AND BRANDING Dr A Gill s signature and front cover to be placed on policy when received from Communications. (Policy fully ratified) Disciplinary Policy INSERT TITLE AND BRANDING Dr A Gill s signature and front cover to be placed on policy when received from Communications. (Policy fully ratified) Consultation Staff Forum August 2014

More information

TERMS OF EMPLOYMENT. ISME January 2014 Page 15

TERMS OF EMPLOYMENT. ISME January 2014 Page 15 TERMS OF EMPLOYMENT The Terms of Employment (Information) Acts 1994 & 2001, which have been in effect since 16 th May 1994, require employers to provide employees with a written statement of certain particulars

More information

NOTE: This is a template policy that will need to be amended where flagged in bold and square brackets to align to your Club s practices.

NOTE: This is a template policy that will need to be amended where flagged in bold and square brackets to align to your Club s practices. DISCIPLINARY PROCEDURE NOTE: This is a template policy that will need to be amended where flagged in bold and square brackets to align to your Club s practices. Please note that the policy reflects the

More information

PRINCES RISBOROUGH TOWN COUNCIL DISCIPLINARY POLICY & PROCEDURE

PRINCES RISBOROUGH TOWN COUNCIL DISCIPLINARY POLICY & PROCEDURE PRINCES RISBOROUGH TOWN COUNCIL DISCIPLINARY POLICY & PROCEDURE PURPOSE AND SCOPE This procedure is designed to help and encourage all employees to achieve and maintain standards of conduct, attendance

More information

1. Informal disciplinary action See informal action (Paragraphs 12&13of Code of Practice)

1. Informal disciplinary action See informal action (Paragraphs 12&13of Code of Practice) 1. Informal disciplinary action See informal action (Paragraphs 12&13of Code of Practice) Gather the facts now before memories fade Have a quiet word in private is there a case to be answered? (This is

More information

Self Help Guide - Producing a Written Statement

Self Help Guide - Producing a Written Statement Self Help Guide - Producing a Written Statement This guide gives general advice about written statements of particulars of employment only. The information given in this guide is not an authoritative interpretation

More information

Self help guide Preparing a grievance procedure

Self help guide Preparing a grievance procedure Self help guide Preparing a grievance procedure The sample wording in this document is for guidance only. The wording must reflect your current contractual arrangements. Any errors or omissions cannot

More information

Disciplinary & Grievance Policy Jan 2016

Disciplinary & Grievance Policy Jan 2016 Disciplinary & Grievance Policy Jan 2016 Disciplinary Procedure: Policy statement Greenwich Mencap wants to ensure employees clearly understand the standards of conduct and behaviour (See Code of Conduct

More information

Grievance Procedure. [Company Name] Drafted by Solicitors

Grievance Procedure. [Company Name] Drafted by Solicitors Grievance Procedure [Company Name] Drafted by Solicitors Contents Clause 1. Policy statement... 1 2. Who is covered by the procedure?... 1 3. Using this procedure... 1 4. Raising grievances informally...

More information

Disciplinary/Dismissal Procedures

Disciplinary/Dismissal Procedures Disciplinary/Dismissal Procedures This policy was adopted by the Board of Directors of Armagh Credit Union Limited. Signed:- Position Position Date: STATEMENT OF POLICY The aim of Armagh Credit Union's

More information

Disciplinary Procedure

Disciplinary Procedure Disciplinary Procedure General principles The following general principles will apply to the Disciplinary Procedure: This procedure will only apply to agency workers engaged on a contract of employment

More information

Grievance Policy and Procedure

Grievance Policy and Procedure Grievance Policy and Procedure Document Control Information Reviewed by the Strategic Management Team: - Date of Next Review: Mar 2016 Approved by the Board of Management: 24 Mar 2014 The Board of Management

More information

Sickness Absence Policy

Sickness Absence Policy Sickness Absence Policy [Company Name] Drafted by Solicitors Contents Clause 1. Policy statement... 1 2. Who is covered by the policy?... 1 3. Disabilities... 1 4. Sickness absence reporting procedure...

More information

Policy Number G9 Effective Date: 25/05/2017 Version: 1 Review Date: 25/05/2018

Policy Number G9 Effective Date: 25/05/2017 Version: 1 Review Date: 25/05/2018 Aim of the Policy This document outlines the policy of Carefound Home Care (the Company ) in relation to the disciplinary procedure. This policy is intended to set out the values, principles and policies

More information

SOLIHULL METROPOLITAN BOROUGH COUNCIL GRIEVANCE PROCEDURE

SOLIHULL METROPOLITAN BOROUGH COUNCIL GRIEVANCE PROCEDURE SOLIHULL METROPOLITAN BOROUGH COUNCIL GRIEVANCE PROCEDURE (1) This policy sets out the terms of agreement reached by those participating in the Council s Consultation and Negotiating Framework. and (2)

More information

Managing a complaint at work A step-by-step guide

Managing a complaint at work A step-by-step guide Be prepared In running your business, you expect that at some point there could be a complaint from someone who works for you. It could be to do with their work, where they work, or who they work with.

More information

LEVEL 3 - UNIT 6 - EMPLOYMENT LAW SUGGESTED ANSWERS - JANUARY 2011

LEVEL 3 - UNIT 6 - EMPLOYMENT LAW SUGGESTED ANSWERS - JANUARY 2011 Note to Candidates and Tutors: LEVEL 3 - UNIT 6 - EMPLOYMENT LAW SUGGESTED ANSWERS - JANUARY 2011 The purpose of the suggested answers is to provide students and tutors with guidance as to the key points

More information

Our employer s guide to disciplinary hearings and appeals (fair procedure)

Our employer s guide to disciplinary hearings and appeals (fair procedure) Our employer s guide to disciplinary hearings and appeals (fair procedure) If an employee has behaved badly or their performance is not acceptable, you have every right to protect your business and your

More information

UNIVERSITY OF ST ANDREWS STUDENTS ASSOCIATION STAFF GRIEVANCE PROCEDURE

UNIVERSITY OF ST ANDREWS STUDENTS ASSOCIATION STAFF GRIEVANCE PROCEDURE UNIVERSITY OF ST ANDREWS STUDENTS ASSOCIATION STAFF GRIEVANCE PROCEDURE The Association recognises that, from time to time, members of staff may have problems or concerns regarding their work or relationships

More information

MODEL GRIEVANCE PROCEDURE FOR SMALL ORGANISATIONS

MODEL GRIEVANCE PROCEDURE FOR SMALL ORGANISATIONS MODEL GRIEVANCE PROCEDURE FOR SMALL ORGANISATIONS Employers should comply with the Acas Code of Practice for disciplinary and grievance procedures which can be downloaded from www.acas.org.uk/dgcode2009.

More information

TIME OFF TO TRAIN POLICY

TIME OFF TO TRAIN POLICY TIME OFF TO TRAIN POLICY CONTENTS 1. Introduction 2. Policy A. Eligibility B. How to Apply C. Considering an Application D. Meeting E. Decision on Application F. Appeals Procedure G. Extension of Time

More information

10.3 MANAGING DISCIPLINE

10.3 MANAGING DISCIPLINE ABERDEEN CITY COUNCIL 10.3 MANAGING DISCIPLINE POLICY & PROCEDURE Issue Number Date Approved Pages Amended 4 30 October 2012 4, 6, 8, 9 and 10 Originator Approved By KF/KT LNCT Contents Section 1: Introduction

More information

Sickness Absence Policy Implementation Date: 01 April 2013 Review Date: 01 April 2016

Sickness Absence Policy Implementation Date: 01 April 2013 Review Date: 01 April 2016 Sickness Absence Policy Implementation Date: 01 April 2013 Review Date: 01 April 2016 1 P age AMENDMENT HISTORY VERSION DATE AMENDMENT HISTORY D1 Sept 13 Addition of branding and formatting changes in

More information

Regulation pertaining to disciplinary & related procedures for academic staff

Regulation pertaining to disciplinary & related procedures for academic staff Regulation pertaining to disciplinary & related procedures for academic staff Table of Contents 1. Application... 2 2. Introduction... 2 3. General Principles... 2 4. Investigation... 3 5. Informal guidance

More information

Technical factsheet Settlement offers

Technical factsheet Settlement offers Technical factsheet Settlement offers This factsheet is part of a suite of employment factsheets and a pro forma contract that are updated regularly. These are: The contract of employment The probationary

More information

Summary of the law on unfair dismissal and redundancy. Standing up for you

Summary of the law on unfair dismissal and redundancy.  Standing up for you Summary of the law on unfair dismissal and redundancy www.thompsonstradeunion.law Our pledge to you Thompsons Solicitors has been standing up for the injured and mistreated since Harry Thompson founded

More information

Archway Academy Independent School ARCHWAY ACADEMY INDEPENDENT SCHOOL DISCIPLINARY AND GRIEVANCE PROCEDURES. 24/10/14- Last Updated 15/12/16 1

Archway Academy Independent School ARCHWAY ACADEMY INDEPENDENT SCHOOL DISCIPLINARY AND GRIEVANCE PROCEDURES. 24/10/14- Last Updated 15/12/16 1 ARCHWAY ACADEMY INDEPENDENT SCHOOL DISCIPLINARY AND GRIEVANCE PROCEDURES 1 1.1 Disciplinary Rules We require high standards of discipline from our employees, together with satisfactory standards of work.

More information

St. Matthew s CE Primary School DISCIPLINARY PROCEDURES

St. Matthew s CE Primary School DISCIPLINARY PROCEDURES St. Matthew s CE Primary School DISCIPLINARY PROCEDURES 1. INTRODUCTION 1.1 The following procedures have been adopted by the Governing Body of St. Matthew s CE Primary School in accordance with the requirements

More information

Newcastle University Capability Procedure

Newcastle University Capability Procedure Newcastle University Capability Procedure Contents 1. INTRODUCTION... 1 1.1 Preamble... 1 1.2 General Principles... 3 1.3 Right of Representation... 3 1.4 Trade union representatives... 3 1.5 Scheduling

More information

Broadway Academy Policies

Broadway Academy Policies Broadway Academy Policies Our Children. Our Community. Believe it can be done! Staff Discipline Policy Last formal review completed June 2014 next review 2016. Broadway Academy Disciplinary Procedure Adapted

More information

DISCIPLINARY PROCEDURE

DISCIPLINARY PROCEDURE DISCIPLINARY PROCEDURE 1 Policy Applies to Author(s) Approved by Staff Disciplinary, grievance and Whistleblowing policy All staff in college and boarding premises Paul Fear & Alison Baines I certify I

More information

Models of Workplace Dispute Resolution in the UK

Models of Workplace Dispute Resolution in the UK *MODEL FOR MEDIATION - A tool for equal opportunities on the labour market Models of Workplace Dispute Resolution in the UK COUNTRY REPORT United Kingdom Val Stansfield The union for people in transport

More information

School Disciplinary Procedure

School Disciplinary Procedure School Disciplinary Procedure Policy or procedure reference number: S1 Issue number: 5 Date: 11/16 Review date: 11/17 Responsibility for review: Headteacher 1. Scope and purpose of the disciplinary procedures

More information

Managing Sickness Procedure/Policy

Managing Sickness Procedure/Policy 1.0 Aim of the procedure 1.1 To ensure that managers: 1 understand and apply the Council s standards of attendance in the work-place and monitor their achievement 2 identify through risk assessments, general

More information

UNIVERSITY OF EXETER DISCIPLINARY PROCEDURE. Disciplinary Policy and Procedure

UNIVERSITY OF EXETER DISCIPLINARY PROCEDURE. Disciplinary Policy and Procedure UNIVERSITY OF EXETER DISCIPLINARY PROCEDURE Disciplinary Policy and Procedure 1 Policy, purpose and principles 2 Relationship with other Policies and Procedures 3 Informal procedure 4 The Formal Disciplinary

More information

CODE OF PRACTICE ON DISCIPLINARY AND GRIEVANCE PROCEDURES

CODE OF PRACTICE ON DISCIPLINARY AND GRIEVANCE PROCEDURES ode of practice CODE OF PRACTICE ON DISCIPLINARY AND GRIEVANCE PROCEDURES Section 1: Disciplinary rules and procedures 1 Readers please note: A recent ruling from the Employment Appeal Tribunal (EAT) (Toal

More information

DISCIPLINARY POLICY AND PROCEDURE. 1 Aims and Objectives

DISCIPLINARY POLICY AND PROCEDURE. 1 Aims and Objectives DISCIPLINARY POLICY AND PROCEDURE 1 Aims and Objectives 1.1 Intu is committed to promoting fairness and consistency in the treatment of all employees in connection with conduct and performance. In order

More information

THE CRYPT SCHOOL DISCIPLINARY PROCEDURE (FORMERLY THE CONDUCT PROCEDURE AND GUIDANCE)

THE CRYPT SCHOOL DISCIPLINARY PROCEDURE (FORMERLY THE CONDUCT PROCEDURE AND GUIDANCE) THE CRYPT SCHOOL DISCIPLINARY PROCEDURE (FORMERLY THE CONDUCT PROCEDURE AND GUIDANCE) DISCIPLINARY AND APPEALS Procedure 1. This procedure does not form part of The Employee s contract of employment, except

More information

Fairness at Work (Grievance Policy & Procedure)

Fairness at Work (Grievance Policy & Procedure) Fairness at Work (Grievance Policy & Procedure) Publication Scheme Y/N Department of Origin Policy Holder Author Related Documents Can be Published on Force Website HR Head of HR Head of Employee Relations

More information

Grievance Procedures for Support Staff

Grievance Procedures for Support Staff Grievance Procedures for Support Staff 1. Scope The following procedures are available to help staff raise issues and concerns about their work, working environment, or working relationships. The aim is

More information

Schools Disciplinary Policy & Procedure

Schools Disciplinary Policy & Procedure Schools Disciplinary Policy & Procedure Approved by: Schools Human Resources Trade Unions Schools Human Resources Disciplinary Policy and Procedure September 2011 Page No Introduction... 3 The Purpose...

More information

DRUMBEAT SCHOOL AND ASD SERVICE. Disciplinary Policy (Adopted Lewisham Model Policy)

DRUMBEAT SCHOOL AND ASD SERVICE. Disciplinary Policy (Adopted Lewisham Model Policy) DRUMBEAT SCHOOL AND ASD SERVICE Disciplinary Policy (Adopted Lewisham Model Policy) APPROVED BY GOVENORS JUNE 2012 RESPONSIBLE PERSON HEADTEACHER SIGNED BY CHAIR OF GOVERNORS DATE SIGNED BY HEADTEACHER

More information

Staff Grievance Policy V1.0

Staff Grievance Policy V1.0 Staff Policy V1.0 Date Name Notes Drafted June 2014 S. France Adapted from DCC model Adopted June 172014 PPC Reviewed Reviewed Reviewed This policy will be reviewed every 3 years 1 Introduction 1.1 Effective

More information

Human Resources. Disciplinary procedures Teaching and support staff

Human Resources. Disciplinary procedures Teaching and support staff Human Resources Disciplinary procedures Teaching and support staff Rev: September 2013 Contents Page 1. Introduction 3 2. Key policy principles 3 3. Support available during the disciplinary procedure

More information

How to... Manage redundancies. A quick and easy reference guide on the basics

How to... Manage redundancies. A quick and easy reference guide on the basics How to... Manage redundancies A quick and easy reference guide on the basics 1 Top tips on making redundancies 1. Identify whether a redundancy situation exists 2. Consider alternatives don't conclude

More information

SICKNESS ABSENCE POLICY

SICKNESS ABSENCE POLICY SICKNESS ABSENCE POLICY UNIQUE REFERENCE NUMBER: RC/XX/045/V2 DOCUMENT STATUS: Approved by Committee 3 August 2016 DATE ISSUED: August 2016 DATE TO BE REVIEWED: August 2019 AMENDMENT HISTORY VERSION DATE

More information

Disciplinary procedure. 1. Introduction

Disciplinary procedure. 1. Introduction Disciplinary procedure 1. Introduction 1.1 This procedure is designed to encourage all employees to achieve high standards of conduct and work performance and also aims to provide a fair, effective and

More information

RESTRUCTURE AND REDUNDANCY POLICY & PROCEDURE

RESTRUCTURE AND REDUNDANCY POLICY & PROCEDURE RESTRUCTURE AND REDUNDANCY POLICY & PROCEDURE Version 5 September 2014 This procedure is applicable to all Academy employees. Approved by the Executive/SLT on: March 2014 Staff Consultative Group advised

More information

Grievance Policy/Procedure

Grievance Policy/Procedure Grievance Policy/Procedure Approved by The Executive Date approved October 2015 Status Approved Policy owner Head of HR Impact assessed Version 4 Date of next review Yes June 2018-1- 1.0 Purpose of Policy

More information

Individual and Collective Grievances Policy (Replacing Policy Number 073 and 108 Workforce)

Individual and Collective Grievances Policy (Replacing Policy Number 073 and 108 Workforce) Individual and Collective Grievances Policy (Replacing Policy Number 073 and 108 Workforce) POLICY NUMBER TPWF/216 VERSION 1 RATIFYING COMMITTEE DATE RATIFIED DATE OF EQUALITY & HUMAN RIGHTS IMPACT ANALYSIS

More information

Capability Policy and Procedure for All School Based Staff. Effective from 1 September 2012 CONTENTS

Capability Policy and Procedure for All School Based Staff. Effective from 1 September 2012 CONTENTS Capability Policy and Procedure for All School Based Staff Effective from 1 September 2012 CONTENTS 1. Policy Statement 2. Scope of Policy and Procedure 3. Management Support for Performance Advice and

More information

18. GRIEVANCE PROCEDURE

18. GRIEVANCE PROCEDURE 18. GRIEVANCE PROCEDURE Our policy is to encourage free communication between all employees to ensure that questions and problems arising during the course of employment can be aired and, where possible,

More information

BISHOP GROSSETESTE UNIVERSITY. Document Administration

BISHOP GROSSETESTE UNIVERSITY. Document Administration BISHOP GROSSETESTE UNIVERSITY Document Administration Document Title: Document Category: Sickness Absence Policy and Procedure Policy and Procedure Version Number: 2 Status: Reason for development: Scope:

More information

Beaver Road Primary School

Beaver Road Primary School Disciplinary Procedure Date Review Date Coordinator Nominated Governor January January Headteacher Chair of Governors 2016 2017 We believe this policy relates to the following legislation: Employment Rights

More information

POLICY. Grievance Policy for Schools

POLICY. Grievance Policy for Schools POLICY for Schools Please think before printing this document. Where printing is necessary, please ensure that it is printed double sided and in greyscale. Contents 1 Introduction... 1 1.1 What is the

More information

Highbury Grove School Disciplinary Procedure

Highbury Grove School Disciplinary Procedure Highbury Grove School Disciplinary Procedure The policy was adopted by the governing body of Highbury Grove School on 8 February 2017 Review date: Spring 2018 1 Contents 1. Purpose... 3 2. Application

More information

Human Resources People and Organisational Development. Disciplinary Procedure Manual Staff

Human Resources People and Organisational Development. Disciplinary Procedure Manual Staff Human Resources People and Organisational Development Disciplinary Procedure Manual Staff December 1998 Revised November 2015 Contents 1. Purpose and Scope... 3 2. General Principles... 3 3. Procedure...

More information

Employee termination decisions and contract non-renewal decisions are not subject to the informal resolution process.

Employee termination decisions and contract non-renewal decisions are not subject to the informal resolution process. MARATHON CITY SCHOOL DISTRICT 527 EMPLOYEE GRIEVANCE POLICY AND PROCEDURE 1 Informal Resolution: An employee 2 with a complaint related to employee discipline (except employee termination) or workplace

More information

Employment Law in Bermuda

Employment Law in Bermuda Employment Law in Bermuda Preface This publication has been prepared for the assistance of those who are considering issues pertaining to employment law in Bermuda. It deals in broad terms with the requirements

More information

Model disciplinary procedure

Model disciplinary procedure Model disciplinary procedure (i) Purpose These rules and procedures are intended to ensure that all employees are treated fairly and are aware of the procedures that will be followed in the event that

More information

Fixed Term Staffing Policy

Fixed Term Staffing Policy Fixed Term Staffing Policy Who Should Read This Policy Target Audience All Trust Staff Version 1.0 October 2015 Ref. Contents Page 1.0 Introduction 4 2.0 Purpose 4 3.0 Objectives 4 4.0 Process 4 4.1 Recruitment

More information

GRIEVANCE POLICY. Reviewer: Grampian Area Partnership Forum. Signature Signature Signature. Review date:

GRIEVANCE POLICY. Reviewer: Grampian Area Partnership Forum. Signature Signature Signature. Review date: GRIEVANCE POLICY Co-ordinator: Director of HR Reviewer: Grampian Area Partnership Forum Approver: Grampian Area Partnership Forum. Signature Signature Signature Identifier: NHSG/POL/31/HR Review date:

More information

ISLE OF MAN Prepared by Victoria Barratt Laurence Keenan Advocates. 1. The possibility that there be a claim for unfair dismissal; and

ISLE OF MAN Prepared by Victoria Barratt Laurence Keenan Advocates. 1. The possibility that there be a claim for unfair dismissal; and ISLE OF MAN Prepared by Victoria Barratt Laurence Keenan Advocates 1. Are there any laws that govern a layoff of employees? If so, what do the laws require? There are two main areas to consider in relation

More information

1.4. Ermha adheres to a progressive discipline approach as a means of ensuring a method which is fair and responsive.

1.4. Ermha adheres to a progressive discipline approach as a means of ensuring a method which is fair and responsive. PURPOSE 1.1. Ermha is committed to providing a high quality system that supports Ermha s organisational objectives, vision and mission and does so through linking those objectives with staff goals, achievements

More information

Grievance Procedure. Version: 4.0. Date Approved: 30 October Date issued: 30 October 2017 Review date: October 2022

Grievance Procedure. Version: 4.0. Date Approved: 30 October Date issued: 30 October 2017 Review date: October 2022 Grievance Procedure Version: 4.0 Bodies consulted: Approved by: Joint Staff Consultative Committee Executive Management Team Date Approved: 30 October 2017 Lead Manager: Responsible Director: HR Business

More information

GROUP SICKNESS & ABSENCE POLICY

GROUP SICKNESS & ABSENCE POLICY GROUP SICKNESS & ABSENCE POLICY Sickness & Absence Policy General Principles The following guidance is also a statement of the Group Sickness & Absence Policy operated by the Group. These guidelines are

More information

Policy and Procedure on Contracts of Employment

Policy and Procedure on Contracts of Employment Policy and Procedure on Contracts of Employment 1. Scope This policy clarifies the types of contracts that the University uses for different working arrangements and explains the use of fixed term contracts

More information

Settlement Agreements

Settlement Agreements Settlement Agreements A Guide TOP RANKED CHAMBERS GLOBAL 2013 Leading Law Firm Network 4500 Lawyers 87 Firms 57 Countries ENDING THE EMPLOYMENT RELATIONSHIP: SETTLEMENT AGREEMENTS Employment relationships

More information

How do I dismiss an employee who is not performing?

How do I dismiss an employee who is not performing? How do I dismiss an employee who is not performing? The above question is one of the most common questions asked by our clients at CoLaw Employment Law Consultants. Most companies shy away from dealing

More information

Staff Disciplinary Policy and Procedure July 2014

Staff Disciplinary Policy and Procedure July 2014 Staff Disciplinary Policy and Procedure July 2014 Staff Disciplinary Policy and Procedure Contents Section Page No. 1. Policy statement 2 2. Purpose and scope 2 Informal action 3. Minor misconduct, unsatisfactory

More information

Disciplinary Policy and Procedures for SPA Employees

Disciplinary Policy and Procedures for SPA Employees Section 7, Page 1 Introduction It is the policy of the Office of the President and General Administration to administer all disciplinary actions in a fair and effective manner such that, if possible, the

More information

For issues involving bullying and/or harassment, reference should be made to the Dignity at Work and Study policy and procedures.

For issues involving bullying and/or harassment, reference should be made to the Dignity at Work and Study policy and procedures. Grievance Procedure Grievance Principles Birkbeck is committed to fostering an environment where employees feel confident about raising issues and concerns in order to reach clear resolutions that support,

More information

GRIEVANCE PROCEDURE. Introduction

GRIEVANCE PROCEDURE. Introduction GRIEVANCE PROCEDURE Introduction 1.1 This procedure applies to all employees of the University. It aims to comply with the Arbitration, Conciliation and Advisory Service (ACAS) Code of Practice, introduced

More information

Employee termination decisions are not subject to the informal resolution process.

Employee termination decisions are not subject to the informal resolution process. BARABOO SCHOOL BOARD POLICY 527-Rule Informal Resolution: EMPLOYEE GRIEVANCE PROCEDURE This Employee Grievance Procedure is intended to apply to all school district employees, except where a valid, enforceable

More information

Managing the workforce. Cutting costs and restructuring

Managing the workforce. Cutting costs and restructuring Managing the workforce Cutting costs and restructuring Introduction Schools are having to consider ways in which to manage the workforce in order to reduce overheads. As a school's biggest regular outgoing,

More information

Organisational and Workforce Change Procedure PROCEDURE DOCUMENT

Organisational and Workforce Change Procedure PROCEDURE DOCUMENT Organisational and Workforce Change Procedure PROCEDURE DOCUMENT CATEGORY: CLASSIFICATION: PURPOSE Controlled Document Number: Version Number: 9 Controlled Document Sponsor: Controlled Document Lead: Procedure

More information

Newcastle University Grievance Procedure

Newcastle University Grievance Procedure Newcastle University Grievance Procedure Contents 1. INTRODUCTION...1 2. SCOPE...2 3. AIM OF THE PROCEDURE...2 4. INFORMAL APPROACH TO DEALING WITH GRIEVANCES...2 5. RIGHT OF REPRESENTATION...3 6. TRADE

More information

St Thomas More Catholic Primary School

St Thomas More Catholic Primary School St Thomas More Catholic Primary School Grievance Policy In the development of this policy consideration has been given to the impact on protected characteristics under the Equality Act and the work life

More information