Even with the best will in the world there may be times when either you or your employee(s) find yourselves at odds so it is vitally important you have clearly defined Disciplinary, Grievance and Dismissal Procedures in place.
By codifying and using a set procedure you will avoid making mistakes that may result in costly tribunal and legal fees. Below are the Disciplinary, Grievance and Dismissal Procedures I use when employing staff (as mentioned in their contracts). Elsewhere on the website are a specimen contract of employment and the letters you can use for corresponding with your staff in these matters.
You should always seek professional legal advice with regard to employment matters.
This article is for your guidance only.
Disciplinary, Grievance and Dismissal Procedures
The grievance procedures can be instigated by an employees at anytime, however, the disciplinary procedures relating to their employment will usually only apply after they have completed twelve months service with the company.
a) Purpose and Scope
The company’s aim is to encourage improvement in individual conduct and consult with the individual before taking action. This procedure sets out the action which will be taken when the company is contemplating dismissal or taking disciplinary action.
b) General Principles
Step 1 – Put it in writing
In the case of dismissal or when disciplinary action is being considered, you must put in writing to your employee(s) what action is being considered.
Similarly, if they have a grievance, they must put the reasons for their grievance, in writing to the you.
Step 2 – Meet and discuss
In either case, after allowing time to consider the issues raised, you and the employee(s) must meet to discuss the issues.
After that meeting you will inform you of your decision and of their right to appeal.
The employee has the right to choose to be accompanied by either a fellow work colleague or qualified trade union official.
Step 3 – Appeal – if required
You must meet with the employee to discuss the issues. Following that meeting you inform him/her of your decision.
The employee has the right to choose to be accompanied by either a fellow work colleague or qualified trade union official.
c) Disciplinary Procedure
Stage 1 – Informal Warning
Your will have an informal discussion with the employee regarding any problem and make sure they understand what they are doing wrong and what s/he needs to do to come up to the required standards.
A brief note will be kept of the time, date and what was discussed and agreed.
Stage 2 – Formal Written Warning
If the issue is not resolved or the matter is more serious a written statement will be given to the employee and s/he will be invited to attend a meeting to have a formal discussion on the matter.
The employee has the right to be accompanied by either a fellow work colleague or a qualified trade union representative.
If their explanation is not satisfactory s/he may be issued with a formal written warning.
If their performance or misconduct is sufficiently serious a final warning may be issued with his/her right to appeal within five days or the receipt of the letter.