Discipline and Grievance Issues

3. Handling Disciplinary Issues

3.1 Do not give untrained managers the power to make major disciplinary decisions.

• Many cases are lost because managers depart from accepted best practice procedures.
• Anyone launching disciplinary action should read the Acas handbook, Discipline and grievances at work (0870 242 9090).

3.2 Investigate thoroughly before deciding on disciplinary action.

• Ask witnesses for their view of events and take a written statement if possible.
• In gross misconduct cases, that if substantiated are likely to result in summary dismissal, employees should be suspended on full pay for a brief period while you investigate. Review the suspension regularly to assess whether it is still appropriate. Make it clear that suspension does not constitute disciplinary action or indicate you think the employee is guilty.

3.3 Grade the sanctions you are considering according to the seriousness of the offence.

• For example, some offences might merit a verbal warning, some a written warning and some a final written warning.
• Serious offences might merit dismissal or some other action such as a short period of unpaid suspension or demotion.
• A minor offence might become more serious if it was repeated, despite earlier warnings.

3.4 Minor issues (eg occasional lateness) can often be tackled informally, without triggering the disciplinary procedure.

Appraisals offer a chance to deal with minor disciplinary problems and defuse grievances.

• Discuss the problem, giving the employee a chance to tell his or her side of the issue.
• Explain that this is not a warning, but that you will keep a record of the conversation. Such meetings could be recorded in a diary so that records of warnings are not lost.

3.5 For serious or repeated offences, follow your formal procedures.

3.6 If an employee's behaviour or performance fails to improve after appropriate warnings, there may be no alternative to dismissal.

• Give appropriate notice, in line with statutory rights or the employee's contract.
• Whenever you dismiss an employee, give the reasons in writing, explain the right of appeal and the process that should be followed. Enclose copies of any supporting evidence. This will often deter the employee from bringing a claim.

3.7 Keep a detailed log of all disciplinary action and full records of steps taken to investigate and address the causes of the problem.