APPEALS
If the employee wishes to appeal against any disciplinary decision s/he must do so to the company within five working days of written receipt of the warning/dismissal letter.
d) Grievance Procedure
If an employee has a grievance regarding any issue relating to their employment they should first discuss it informally with you.
If this fails to resolve the problem s/he should write to you asking for a formal meeting with details of their grievance.
The employee can be accompanied to the meeting with either a fellow work colleague or qualified trade union representative.
Top Tips
Put everything you have to in writing, keep copies of all correspondence.
Be accompanied at any formal meeting, have your colleague take notes of the meeting and everything that is said. Make a fair copy of the notes immediately or as soon as is practicable after the meeting. These “contemporaneous” notes can be vital evidence if matters end up before and Employment Tribunal.
Grievances and Disciplinary matters can, by their very nature, be emotionally charged. Remember to keep the meeting cordial and non-confrontational. If you need to take a break, do so; if the employee becomes angry or emotional then adjourn the meeting and note the adjournment.
The person the employee chooses to accompany them (if they elect to do so) is there in a purely “observer” status. They are not there to comment or otherwise represent the employee; if they try to interject in the proceedings then politely remind them of their “observer” status.
In the event of an appeal, it is best practice for someone who has not carried out the original disciplinary meeting(s) to hear the appeal. Whilst this may not always seem practicable, you can elect to have a colleague (a fellow publican, for instance) or have your solicitor hear the appeal. This may seem like a hassle, but if the matter ultimately ends up before and Employment Tribunal then by observing “the forms” you will be seen to have acted as fairly as possible throughout the process.