HR advice for small businesses. How to understand the ACAS Code of Practice. Video of this presentation is available at https://youtu.be/eLXetTIIPA0 With Debbie Glinnan of Parallel HR & Julie Howell of Julie Howell Communications.

1. Disciplinary &
Grievance Handling
Presented by Parallel HR Ltd & Julie Howell Communications Ltd
Debbie Glinnan Julie Howell

2. This presentation is available 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 of Practice
The investigation
How to prepare
The disciplinary meeting
Decision making
Grievance
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4. Carmelli Bakeries Ltd v Benali
Follow
a fair
procedure
Chef used
non-kosher
jam
Potentially
fair
dismissal
Failed to
follow
correct
procedure.
Ordered to
pay £000s
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www.parallelhr.co.uk

5. Code of Practice
Follow the ACAS code of practice.
Not legally binding.
Awards can be increased by up to 25%.
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6. The ACAS Code of 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.
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7. Disciplinary – Establish Facts
Investigatory
meeting.
Investigate
fully and
collect
evidence.
No
disciplinary
action at the
investigatory
meeting.
Suspension
must be
paid.
Short a time
as possible.
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8. Disciplinary - Inform
Ideally 3 days written notice
Give full details
Including copies of evidence
Say if dismissal is possible
Right to be accompanied
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9. Right to be Accompanied
A fellow
worker
Minute
Taker
Union
Rep
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10. The Meeting
Review your evidence.
Prepare questions in advance.
In a confidential room.
No interruptions.
Remind of right to be accompanied.
Stay calm.
Adjourn before making a decision.
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11. Disciplinary – Decision Making
• 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.
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12. Gross Misconduct
Immediate dismissal for a first offence.
Follow a fair disciplinary process.
No notice/notice pay will be due.
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13. Appeal Process
Can appeal against 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.
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www.parallelhr.co.uk

14. Grievances
Establish the
facts.
Notice of
formal
hearing.
Right to be
accompanied.
Decision after
the meeting.
Inform them
accordingly.
Right to
appeal.
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www.parallelhr.co.uk

15. Recommended Actions
• Follow the ACAS C.O.P. for all disciplinary &
grievances.
• Suspend with pay while investigating gross
misconduct.
• If you are unhappy with performance, act early.
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www.parallelhr.co.uk

16. Dignity & Responsibility
• Keep dignity front-of-mind
• Take responsibility for ensuring dignity
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Clarity
• Ensure you have been understood
• Ensure that you understand
= rapport

17. Before the meeting begins
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Don’t leave sensitive documents on the printer or photocopier

18. Before the meeting begins
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Glass walls? Draw the blinds. No blinds? Use another room.

19. Before the meeting begins
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Allow the person who is subject to the meeting to sit closest to the door

20. Before the meeting begins
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Do not allow anyone to interrupt the meeting

21. Before the meeting begins
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Turn your smartphone off & divert your calls

22. Before the meeting begins
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Make a glass of water and a box of tissues available

23. Before the meeting begins
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A round table is less confrontational

24. Responsibility
• It is your 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
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• 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
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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
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27. Thank you!
Sign up for 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 is available 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