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Disciplinary & Grievance Handling: what you should know (ACAS Code of Practice)
- 1. Disciplinary & Grievance Handling Presentedby Parallel HR Ltd & Julie Howell Communications Ltd Debbie Glinnan Julie Howell
- 2. This presentation isavailable as a recorded webcast that contains a great deal more information and a Q&A. To receive the link to the FREE webcast contact Julie Howell at julie@juliehowellpr.com
- 3. Outline ACAS Code ofPractice The investigation How to prepare The disciplinary meeting Decision making Grievance www.juliehowell.co.uk www.parallelhr.co.uk
- 4. Carmelli Bakeries Ltdv Benali Follow a fair procedure Chef used non-kosher jam Potentially fair dismissal Failed to follow correct procedure. Ordered to pay £000s www.juliehowell.co.uk www.parallelhr.co.uk
- 5. Code of Practice Followthe ACAS code of practice. Not legally binding. Awards can be increased by up to 25%. www.juliehowell.co.uk www.parallelhr.co.uk
- 6. The ACAS Codeof Practice Raise and deal with issues promptly. Act consistently. Carry out any necessary investigations. Give evidence and opportunity to put their case before any decisions are made. May be accompanied at any formal meeting. Right to appeal. www.juliehowell.co.uk www.parallelhr.co.uk
- 7. Disciplinary – EstablishFacts Investigatory meeting. Investigate fully and collect evidence. No disciplinary action at the investigatory meeting. Suspension must be paid. Short a time as possible. www.juliehowell.co.uk www.parallelhr.co.uk
- 8. Disciplinary - Inform Ideally3 days written notice Give full details Including copies of evidence Say if dismissal is possible Right to be accompanied www.juliehowell.co.uk www.parallelhr.co.uk
- 9. Right to beAccompanied A fellow worker Minute Taker Union Rep www.juliehowell.co.uk www.parallelhr.co.uk
- 10. The Meeting Review yourevidence. Prepare questions in advance. In a confidential room. No interruptions. Remind of right to be accompanied. Stay calm. Adjourn before making a decision. www.juliehowell.co.uk www.parallelhr.co.uk
- 11. Disciplinary – DecisionMaking • Secret recordings. • Is any disciplinary action warranted? • Reasonable sanction? • Confirm in writing. • State the reason and the improvement expected. • Word it carefully. • Set a time for review. • If they fail to improve. • Remains current for limited time. • Right of appeal. www.juliehowell.co.uk www.parallelhr.co.uk
- 12. Gross Misconduct Immediate dismissalfor a first offence. Follow a fair disciplinary process. No notice/notice pay will be due. www.juliehowell.co.uk www.parallelhr.co.uk
- 13. Appeal Process Can appealagainst any disciplinary action. Insist appeals are made in writing by a set time. Mirrors disciplinary process. Manager not previously been involved. Inform of the outcome asap. No further right of appeal. www.juliehowell.co.uk www.parallelhr.co.uk
- 14. Grievances Establish the facts. Notice of formal hearing. Rightto be accompanied. Decision after the meeting. Inform them accordingly. Right to appeal. www.juliehowell.co.uk www.parallelhr.co.uk
- 15. Recommended Actions • Followthe ACAS C.O.P. for all disciplinary & grievances. • Suspend with pay while investigating gross misconduct. • If you are unhappy with performance, act early. www.juliehowell.co.uk www.parallelhr.co.uk
- 16. Dignity & Responsibility •Keep dignity front-of-mind • Take responsibility for ensuring dignity www.juliehowell.co.uk www.parallelhr.co.uk Clarity • Ensure you have been understood • Ensure that you understand = rapport
- 17. Before the meetingbegins www.juliehowell.co.uk www.parallelhr.co.uk Don’t leave sensitive documents on the printer or photocopier
- 18. Before the meetingbegins www.juliehowell.co.uk www.parallelhr.co.uk Glass walls? Draw the blinds. No blinds? Use another room.
- 19. Before the meetingbegins www.juliehowell.co.uk www.parallelhr.co.uk Allow the person who is subject to the meeting to sit closest to the door
- 20. Before the meetingbegins www.juliehowell.co.uk www.parallelhr.co.uk Do not allow anyone to interrupt the meeting
- 21. Before the meetingbegins www.juliehowell.co.uk www.parallelhr.co.uk Turn your smartphone off & divert your calls
- 22. Before the meetingbegins www.juliehowell.co.uk www.parallelhr.co.uk Make a glass of water and a box of tissues available
- 23. Before the meetingbegins www.juliehowell.co.uk www.parallelhr.co.uk A round table is less confrontational
- 24. Responsibility • It isyour responsibility to ensure the employee understands what is happening & has a positive experience during the meeting regardless of outcome • The grievance meeting is NOT a confrontation • It is extremely difficult to predict how the employee will react www.juliehowell.co.uk www.parallelhr.co.uk • Even if the employee has openly expressed a desire to leave the company or talked openly about how little the situation bothers him/her, he/she may find the reality of the meeting distressing • You may find the employee’s emotional reaction surprising & distressing
- 25. During the meeting •Allow him/her to react • Be alert to signs that he/she understands what you’re saying and the implications of what you’re saying • Tell nothing but the truth • Pause frequently, don’t bombard, don’t overwhelm • Repeat the important information until you are sure it has been understood • Invite questions www.juliehowell.co.uk www.parallelhr.co.uk
- 26. After the meeting •Send a summary • Invite questions • Do not avoid eye contact • Use the person’s name when you speak to him/her www.juliehowell.co.uk www.parallelhr.co.uk
- 27. Thank you! Sign upfor our newsletters at www.parallelhr.co.uk www.juliehowell.co.uk @parallelhr_uk @JulieHowellPR www.juliehowell.co.uk www.parallelhr.co.uk
- 28. This presentation isavailable as a recorded webcast that contains a great deal more information and a Q&A. To receive the link to the FREE webcast contact Julie Howell at julie@juliehowellpr.com
Editor's Notes
- #2 Imagine that you closed the doors of your business tonight and would reopen on Monday morning with a fresh page. Would re-employ?
- #3 Imagine that you closed the doors of your business tonight and would reopen on Monday morning with a fresh page. Would re-employ?
- #8 eg photos, witness statements. In misconduct cases, where practicable, different people should carry out the investigation and disciplinary hearing. No right to be accompanied at informal meeting – unless in company’s own procedures.
- #9 If it is decided that disciplinary meeting required, notify in writing. Give sufficient information - alleged misconduct - its possible consequences – employee to prepare defence . Give copies of any written evidence, eg witness statements, photos.
- #10 Note taker must be able to keep up with the pace of the meeting. notes could be used at a tribunal.
- #11 Fogging A = Serious customer complaint re attitude B = Are you at fault for that complaint and how do we rectify? Fogging: Customer couldn’t make up mind Problems with the internet Was working on another client Difficult customer
- #12 Bring them back and inform them personally, of your decision and of: - what improvement is required, When that improvement should be achieved by Any agreed sanction. Tell them what will happen if they fail to improve That they have the right to appeal and to whom. - How long the warning will stay current. Confirm all this to them in writing.
- #14 Appeals should be heard without unreasonable delay . Give grounds for their appeal in writing.
- #16 If anyone would like to speak to me about a disciplinary or grievance problem they are facing, I would be happy to do so (either now or at the end of the session)
- #29 Imagine that you closed the doors of your business tonight and would reopen on Monday morning with a fresh page. Would re-employ?