Making sense of employment law
disciplinary and grievance procedure in the workplace
As an employer you now face financial penalties and claims of unfair dismissal if you have not updated your disciplinary and grievance procedures. Regulations governing workplace dispute resolution came into force on October 1, 2004. There are no exemptions. Even businesses with one employee must comply.
new uk work disciplinary procedure in workplace
The new grievance and disciplinary procedure in the workplace regulations spell out a compulsory three-step statutory disciplinary procedure for resolving disputes and dealing with dismissals. They also cover certain other actions which fall short of dismissal such as reallocation of duties following a period of ill health.
the three-step statutory disciplinary procedure framework
- A letter should be sent informing the employee – or employer if a staff member is making a grievance against an employer – of the reasons for the disciplinary action, dismissal or grievance.
- A face-to-face meeting should be held allowing time beforehand to prepare. Following this the employer must inform the employee of the decision and their right to appeal.
- An appeal meeting should be arranged if needed.
employment law training
Employers should ensure managers are confident with the new grievance and disciplinary procedure in the workplace. martin searle solicitors can provide the training necessary. If your company fails to adopt the procedure in a dismissal case, the dismissal will automatically be deemed unfair. In addition, compensation will be increased by between 10 and 50 per cent.
Line managers have a lot of power and responsibility and it is important they are trained in the new disciplinary and grievance procedures and also how to avoid disciplinary and grievance issues arising in the first place. If they don’t follow the law properly they could end up personally being called to account for their actions in an Employment Tribunal.
grievance and disciplinary procedure checklist
- Review existing grievance and disciplinary procedures and amend where necessary
- Put new procedures in place if existing procedures do not meet minimum standards
- Brief employees and provide written material outlining the changes
- Follow the minimum three-stage process:
- a written statement
- a meeting between both parties
- an appeal meeting, if required
- Be aware that the new procedures relate to dismissals, for instance on the grounds of redundancy, and to other actions short of dismissal
want to talk to us?
If you would like to talk to us about our employment law services or for any other information please email Fiona Martin or phone 01273 609911.