is4profit small business advice & information
Article Index
Discipline and Grievance Issues
Establishing the Principles
Setting the Rules
Handling Disciplinary Issues
The Code of Practice
Disciplinary and Grievance Procedures
The Disciplinary Hearing
Going for Improvement

Discipline and Grievance Issues

1. Establishing the Principles

The procedural requirements set out the rules that you and your employees must follow when dealing with disciplinary issues and grievances.

1.1 Make sure employees can find out about your disciplinary rules.

  • Inform employees where they can see the rules. For example, in a handbook or displayed on a staff noticeboard.

1.2 Your rules must be reasonable.

  • The seriousness of the offence should be assessed according to the damage done.
  • Ensure your rules are not discriminatory. For example, by requiring more formal dress from men than women.

1.3 Your rules must be applied fairly, reasonably and consistently.

  • Investigate thoroughly before you lay any disciplinary charges.
  • Give the employee time to consider his or her response and the opportunity to make representations (or to have representations made on their behalf).
  • Take time to consider your findings and carry out a follow-up investigation if required.
  • Any appeal should, if possible, be heard by someone senior, who was not involved in the first hearing.
  • In deciding on penalties, it is important to be consistent and reasonable - you can take mitigating circumstances into account.If you treat people differently for the same offence, you must be able to explain why.

1.4 You must use 'fair and reasonable' procedures when dealing with disciplinary and grievance issues.

  • Your procedures should ideally comply with the Acas Code of Practice which sets out principles for handling discipline and grievance issues in the workplace.See the Code of Practice.
  • Failure to follow the Code of Practice could be very expensive.
  • Put your procedures down in writing and give all employees access to a copy.
BHP Infosolutions

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