Discipline and Grievance Issues

5. Disciplinary and Grievance Procedures

You should always follow the Acas Code. Failure to do so can result in any tribunal award being increased by up to 25 per cent.

5.1 Try to resolve issues informally where possible - perhaps through medition.

5.2 Where informal measures fail, you should follow your formal written procedures.

• Investigate the events to establish the facts.
• Notify the employee, in writing. Include the details on which the allegations are based.
• Hold a face-to-face meeting to discuss the matter. The employee has the right to be accompanied at any disciplinary meeting.
• Decide what action, if any, will be taken.
• Inform the employee of your decision in writing and give the employee the opportunity to appeal.

5.3 There are exceptions when it may be permissible to depart from your normal procedures.

• Where factors beyond the control of the parties make it impracticable to complete the procedure. For example, when one of the parties has gone to live abroad.
• Where all employees have been dismissed, and offered re-engagement on new terms.
• Where there are redundancies or you are not renewing a fixed-term contract.
• Where someone is unfairly dismissed for official (protected) industrial action.
• Where the business suddenly closes down.
• Where either party has reasonable grounds for fearing violence or harassment, or damage to property.