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DISCIPLINARY AND GRIEVANCE PROCEDURES

The biggest issue in terms of policies is probably that related to disciplinary and grievance procedures. If you’re a small business, you may feel it unnecessary to have written procedures for these, but there are genuine benefits to having both clearly stated and given to all employees.

These benefits are summarised here:

Employees prefer to know where the boundaries lie, particularly with conduct and behaviour
It reduces grievances as everyone knows the “rules” from the outset
It ensures consistency of decisions – and fairness is one of the key attributes of a good employer from an employee’s point of view
The structure allows time for issues to be resolved without further action in most cases
You have records of disciplinary and grievance discussions and actions agreed should the matter go to an Employment Tribunal
Confronting employees may be unpleasant – no-one enjoys sacking someone – and having a procedure to follow makes it less personal

Employers are not required by law to have a disciplinary procedure but employers with 20 or more employees must, in a written statement, specify the person (by name or job title) to whom individuals may apply if they have a grievance or wish to appeal against any disciplinary action. This is where your reporting structure is important – the first person to go to is usually the employee’s line manager, followed by Head of Department (if applicable) to the Personnel Director or owner/general manager.

Details should also be given of how they should make such an application. Does it need to be in writing, or verbal? You should also specify the procedure for dealing with the matter – the time scale (within 5 working days, for example), response mechanism (in writing or in a recorded meeting) etc.

Workers may choose to be represented by a fellow worker or union official if they are subject to formal disciplinary action. This right to be accompanied is important – and easy to forget – as in what is usually a stressful situation, the employee has someone else to support him or her.

What you consider to be disciplinary matters is really down to you, and will to some extent depend on the nature of your business – if you are a formal 5 star hotel, then dress standards and body piercing may be more important than if you are a Paintball activity centre! Bear in mind issues such as private use of the ‘phone, Internet or email. You also need to decide what you consider to be the most important “offences” – these are classified as “gross misconduct” and can result in summary or instant dismissal (of which more later!). Remember to make the list as all-inclusive as possible (but not vague) as this will form the basis of any actions that you take against an employee.

These issues and other relevant information is detailed by ACAS on their website www.acas.org.uk



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Written procedures for dealing with staff disciplinary issues will be invaluable to your organisation. A clear policy for dealing with grievances will be welcomed by employees as well as employers. Take some time to consider the matters that you consider will come under the remit of your disciplinary policy.