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Why are disciplinary and grievance procedures necessary?
Disciplinary and grievance procedures provide a clear and transparent framework to deal with difficulties which may arise as part of their working relationship from either the employer's or employee's perspective.
They are necessary to ensure that everybody is treated in the same way in similar circumstances, to ensure issues are dealt with fairly and reasonably and that they are compliant with current legislation.
Disciplinary procedures are needed:
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So employees know what is expected of them in terms of standards of performance or conduct (and the likely consequences of continued failure to meet these standards).
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To identify obstacles to individuals achieving the required standards (for example training needs, lack of clarity of job requirements, additional support needed) and take appropriate action.
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As an opportunity to agree suitable goals and timescales for improvement in an individual's performance or conduct.
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To try to resolve matters without recourse to an employment tribunal.
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As a point of reference for an employment tribunal should someone make a complaint about the way they have been dismissed.
Grievance procedures are needed:
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To provide individuals with a course of action should they have a complaint (which they are unable to resolve through regular communication with their line manager).
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To provide points of contact and timescales to resolve issues of concern.
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To try to resolve matters without recourse to an employment tribunal.
The legal position
Information on this website takes account of the amendments made as a result of the Employment Act 2008, which repealed the Employment Act 2002 (Dispute Resolution) Regulations 2004, and the introduction of the new "Acas code of practice on disciplinary and grievance procedures" from 6 April 2009.
Employers should ensure that their procedure is compliant with the general provisions of the code. The procedure should provide a right of appeal as provided by the code.
The minimum disciplinary procedures must be set out as part of an employee's statement of terms and conditions of employment.
Under s.10 of the Employment Relations Act 1999, employees are entitled in law to be accompanied (if they wish) at any formal disciplinary interview by either a fellow employee or a trade union official.
Although there is no statutory right for an employee to be accompanied at a formal investigatory meeting, para.7 of the code highlights that an employer has the option of allowing such a right under its disciplinary procedure.
Employers must permit workers to take time off during working hours for the purpose of accompanying another of their workers to a disciplinary hearing. If the employer fails, or threatens to fail, to allow the employee to be accompanied, the employee may complain to a tribunal within three months and may receive compensation of up to two weeks' pay.
The existence and proper use of a disciplinary procedure are key components in determining whether or not a dismissal is procedurally fair.
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