Disciplinary and grievance procedures

Employees and employers involved in a dispute that has resulted (or may result) in a disciplinary or grievance procedure may benefit from contacting the Advisory, Conciliation and Arbitration Service (ACAS).

Even though the ACAS Disciplinary and Grievance guidelines are no longer statutory, you still need to show a good reason for failing to follow them should a dispute reach the stage of a formal procedure. The ideal scenario is to avoid the need for formal D&G procedures altogether by practising good performance management.

Here are some pointers to help:

Policy

Ensure you have clearly set out the policies and procedures for D&G, and that everyone is aware of them

Communicate

Are you sure your staff are aware of the levels of conduct and performance expected of them?  Keep the channels of communication open

Put performance measurements in place

Do you have job descriptions?  How do your staff know what is acceptable or unacceptable performance?  It is up to you to set the standard

Document everything

Even informal chats, make notes in your own note book if nothing else. You can then show evidence of a clear path that has been followed, if required

Start the process informally

Often performance issues are simply a question of misunderstanding.  If you explain the business effects of people’s actions they may improve without recourse to more formal procedures

Mediation

An external mediator will remain impartial and objective. They may be able to settle a dispute before it reaches the formal stage

Inform

Ensure that individuals involved are aware of the potential consequences of formal meetings. They need to know that they may receive a sanction up to and including termination of their employment if they do not improve their performance

Assess

Use of formal process is not an unstoppable train; you can get off at any point along the way. Just because someone has been given a verbal or written warning, doesn’t mean to say they will inevitably be asked to leave. These processes are intended to highlight issues and create a plan to help them achieve the necessary targets

Tools

Consider what tools are available to help them succeed such as a mentor programme, books and training.