You should have at least two levels before you reach the dismissal stage, with the exception of gross misconduct where you can progress directly to the dismissal stage. It’s terrible, I’m currently going through the grievance procedure with my employer and it looks like my grievance may be upheld. Be aware that formal meetings can take time to arrange so don’t delay unnecessarily and provide decisions in accordance with the timescales in your disciplinary procedure. If you determine that the issue is more closely linked to performance or ability rather than behaviour, following a capability procedure may be more appropriate. In the disciplinary meeting you’ll need to: After the meeting, consider all the evidence you now have and whether it’s sufficient to prove the allegation of misconduct. It would be seen as an attempt by the employer to discourage employees from appealing against disciplinary warnings. This article was originally published on 17 Nov 2011 and updated on 15 April 2015. Employment Law Employee Relations I can never get hold of my union guy I have sent plenty of emails I’ve left voice mail but he never returns any of them. I was told by the owner that my friend story was different than every one else. Your son may wish to contact his employer for an update and request a copy of the Appeals Policy and Procedure if he still hasn’t heard anything. I.e. I was suspended from work on 26th May 2015. Even the union was WTF.. NOW the employer is having another meeting and subject is again unknown. Shouldn’t HR make the decision? Notes 8. Kate LHR ConsultantKate is a Chartered MCIPD HR Consultant specialising in employee relations, reward and mental health in the workplace. Roles The right of appeal is fundamental to ensuring natural justice. Can my employer advertise my job before the disciplinary hearing? If this doesn’t work or if your company ignores this request you may wish to consider raising a formal grievance. I informed my manager by telephone . 4. it really depends on your own policies and whether you have dealt with a similar incident in the same way before. Employee Benefits Awards You need to make the policy easy to access and read and ideally you want signed confirmation from your staff that they have read and understood what levels of behaviour are expected of them and what’s not permissible. FORMAL LEVELS OF DISCIPLINARY SANCTIONS Written Warning:-Where there is a failure to correct matters within the time limit set down at the verbal warning stage, then the employer must issue a written warning to the employee. I only pointed out that that evenings events was caused by the secretary by disruptibg my private meeting then bad mouthing me in the bar. So Im a paperboy 16 years old, I’m receivimg a written disciplinary for not having my right to work document, which I think consists of my national insurance number! Advertising specifications HR’s function isn’t to manage employees on the managers behalf and therefore they shouldn’t be making the decision. I have been given a 6 month written warning for allegedly going through a red light on video, I probed all evidence to be void in my hearing causing it to be suspended. Features list 2021 personally I think 60 days is too long but if the investigation was particularly complex then the delay may be reasonable. Personnel Today has launched a new email newsletter focusing on all aspects of diversity and inclusion. Also, they gave me less than 48 hours notice and I requested to rearrange as I needed more time to find the suitable person accompany me to the disciplinary hearing, but they haven’t yet responded. the later did not keep it confidential so others called me spy. While it might be tempting to try to ignore the misconduct or performance issue you find yourself facing, in the hope things will resolve themselves, in a small business, where working environments tend to be more close-knit, any unresolved issues can quickly be felt by everyone, bringing down the morale of the whole business. I took a grievance against a person who spread lies about me in the office. In such circumstances, an employee will be advised of the reasons for the delay. Payroll Company Number 08452449. This penalty can be issued for further misconduct when there is already an active final written warning on record. As well as establishing your procedure, a policy will demonstrate that you are treating staff fairly and consistently. What is gross misconduct? Ideally, your staff handbook will contain a disciplinary policy outlining the procedure you will take should any of your employees fail to meet the expected conduct standards. I fear my employer is wording the outcome in such a manner as to avoid discipling a certain party. Can an employer change the company disciplinary procedure without notifying anyone but management? In the event my grievance is upheld, am I entitled to know what disciplinary action will be taken against the employee who caused me to raise it in the first place? Appeals should be unbiased and not be a “foregone conclusion”. On a subsequent invitation letter, the scheduled day and date did not match on the calendar. Review the evidence you hold and offer the employee an opportunity to add any further comments. Training by its very nature implies that the person is not yet fully skilled in their area of work. Do they have to postpone? Workforce Planning, • About Personnel Today I feel they have not taken my grievances seriously and have taken an abnormal amount of time to deal with it, which only exasperated my depression. 2.8 Before a disciplinary hearing, employees will be provided, if available, with written copies of evidence and relevant witness statements. Those who are not in a union or have access to a lay member are in a negative position. Disciplinary Guidance 1. Ideally, the evidence should be provided when the employee is invited to the hearing, or at least far enough in advance for them to be able to prepare a defence. Its difficult to prepare for what occurs next. The law should be changed so a anyone can be the companion. Employers should give the employee the opportunity to appeal when the outcome of the disciplinary hearing is communicated to them. My employer took her side and I lost. Alternatively you could raise a grievance. The employer should provide the employee with all the evidence, typically in the form of witness statements, in advance of the disciplinary hearing. Methinks they’re trying to construct something here……, I have been involved with a disciplinary and so far its taken 14 weeks. I was told to accept the outcome (regardless if I was right or wrong) if I wanted to keep my job. While there’s no specific information as to how much notice must be given for a disciplinary hearing, Acas’s Code of Practice on disciplinary and grievance procedures suggest holding the meeting as soon as is ‘reasonably possible’ while giving the employee enough … I was dismissed after complaining – that’s bullying in itself. The timescales shown in the above procedure may be altered by mutual agreement. I have raised a grievance, but my employers are dragging their heels. Hi I ve been with my company nearly 3years working at different schools I attended a close family friends funenal on the 13th Oct iwas due to go back in next afternoon but did not make it we were still greiving as nd didn’t think of ring to get cover so then I got phone call to say I have been terminated from my job with out even exsplaing what can I do. disciplinary procedure but complex investigations may not allow this, timescales will be extended by mutual agreement. I would advise that she gets some specialst employment law advice (from a different solicitor) to discuss her options. Having a procedure in place to fall back on will help you to address any ideas quickly and confidently before any bad feelings or inappropriate behaviour starts to impact on the rest of the workforce. From the outset, the employer must tell the employee the possible outcome of the disciplinary action. But that’s not done.can you guide me what’s the right procedure. That was the case for the two other meetings as well; never would tell me what the meetings were about until the meeting. My colleague physically assaulted me, I defended myself and then left, an investigation has been made against me and I have now been suspended from work on full pay. My manager is now pursuing a further investigation as apparently things have come up about my behaviour as a team leader, whhcj potentially could have occurred 12 months. In unfair dismissal claims, employment tribunals take the “Acas code of practice on disciplinary and grievance procedures” into account where relevant and may increase an award of compensation by up to 25% for an employer’s unreasonable failure to follow it. In my daughters case we had to get help from a solicitor to point out to the company the flaws in their procedure, money we could ill afford to spend. Read full case report of Towart v Northumberland Tyne and Wear NHS Foundation Trust. i HAD 5 DAYS OFF THE LAST ONE WAS THE 29TH/04/2014 9 MTHS LATER MY COMPANY ARE WANTING TO DISCIPLINE ME CAN THEY DO THIS, SO LONG AFTER THE EVENT. RSS feeds A genuine mistake especially while being trained is wrong. Can I force them to hurry ? However, even though we been friends for a long time, she now counter accuses me of ‘making inappropriate and unwanted comments’ to her. In order to give them a fair chance of defending the allegation properly, it should not come as a surprise to the employee later on that dismissal is a possibility. Please don’t rely on it as legal or other professional advice as that is not what we intend. However, if you have an employee presenting repeated or serious misconduct issues, you should follow the disciplinary procedure set out in your employment policies. Investigation timescales 14 15. It’s not enough to have these written in a policy that no one knows about or how to find. Ideally, different people should carry out the investigation, disciplinary hearing and appeal stage, although this will not always be practicable, particularly for small employers. If the meeting may result in their dismissal, because the matter is so serious (i.e. What is misconduct? Especially when other colleagues are afraid to be your witness and were I work ALL union reps are in the employers pockets. Any advice would be great thank you. COPFS Disciplinary Policy and Procedure – December 2010 - Version 1.1 4 1. If the check list is not contractual then they do not have to follow it. They’ve not upheld anything and labelled the homophobia “mild banter” and suggested I wasn’t bullied at all. At this point my friend refused to answer any other question outside the specific dates stated on the invitation letter as the day the alleged fraud took place. The Company will assess the exact nature of the grievance and will have the final say over suspension of a disciplinary procedure. I fully agree. However I am told she can’t do this when I have put in grievances and complaints in the past they have not been taking seriously and no one else is getting a disaplinary this to me is coming across as a form of bullying and victimisation I suffer with depression at the best of times and having this disaplinary hanging over me for this long is making matters worse how long can they keep it over me each time I am due to have the meeting it gets cancelled an rescheduled. I was even forced into writing an apology to a particular vindictive individual for speaking a foreign language with another 2 colleagues yet only 2 of us were hauled over the coals! But where do employers commonly go wrong? To stand the best chance of successfully defending employment tribunal claims, employers must keep clear records of each stage of the disciplinary process. Does a company have to give you a verbal warning before a written warning? This potential conduct issue may be investigated with the informal discussion and agreed next steps referred to, to prove the individual has had previous training and support. For example if your manager is going to be disciplined I would consider it to be inappropriate and a breach of confidentiality for you to know this. I work with the Ambulance service but I’m not on the front line any more due to stress so I moved to non emergency work, when I started working in this job I was crewed with another person but after two years this person moved to a different job so I was left doing the job of two people. However, this may be extended in consultation with Human Resources to ensure a fair process. letter of notification of a disciplinary hearing will be sent within fiveworking days of the outcome of the grievance procedure. A disciplinary policy is important to establish a clear procedure that you will use in the event of serious or repeated misconduct. Most reps are team leaders and there main role is to persuade us to agree to anything the employer wants. Grievance cases 14 18. 3.4.2 Where appropriate, a note of any such informal discussions may be placed on the Disciplinary Procedure Guidelines for the Handling of Disciplinary Issues. If you don’t agree with what your employers have done then raise a grievance, put in a tribunal claim or join a union who can represent your interests. Since I left lots of staff have said they saw it to. Privacy policy One disciplinary invitation letter had a scheduled meeting date that was in the past! Disciplinary steps. If only I had known. accordance with the disciplinary procedure timescales • To come to a final decision on whether a disciplinary penalty is appropriate and the level of penalty to award • The Deciding Manager may be the line manager, but where this is the case they must not be involved in the investigation A clear procedure can also help keep matters calm and professional in situations where emotions are potentially running high. I suggest your first step would be to write to your employer outlining your complaint and why you felt forced to resign. Could I have a case if I believe the person who gave me my disciplinary to be biased, I was also not informed it could lead to my termination. In addition to this, benefits are normally withheld for a period of time if an employee resigns from their position. The aim is to ensure prompt, consistent and fair treatment for all employees and to assist in enabling both the employee and the University to be clear about the expectations of both parties. Regarding disciplinary procedure timescales, the ACAS disciplinary procedure doesn’t state that there is any specific legal timescale. 3. their reasons was my absence due to compassionate leave re family problems collating to 8 days absence and 8 late ‘authorised’ starts. Is this process allowed? In these circumstances a case by case basis will be adopted. In cases of potential gross misconduct, avoid knee jerk reactions, for example immediate suspension; consider alternative action if appropriate and take HR advice where necessary. Would the above constitute that? Can you represent me then Daniel?? The aim is to ensure consistent and fair treatment for the individual. Disciplinary & Grievance Procedures Disciplinary procedure Purpose We have designed this procedure to help and encourage employees to achieve and maintain standards of conduct, attendance and job performance. The Disciplinary Procedure will be used only when necessary and as a last resort. Invite the employee to a formal disciplinary meeting in writing. Can I please ask – is it a requirement of the employer to take notes and provide these to the employee on request ? There may be limited circumstances where one individual’s evidence is enough to lead to a disciplinary sanction, but an employer should always look for more. However if someone is prepared to ask questions or question the procedure then that’s an advantage to both parties and if the employer has set it out right there should be no problem. On 29th May, I received a letter inviting me to a disciplinary on 2nd June. Employment relations are difficult enough without the possibility of further confusion from others that only think they know the employees rights. Disciplinary procedure timescales There’s no specific timeframe for how long the disciplinary process should take. In most instances, issues of employee misconduct can be dealt with informally. I cannot see that having anyone allowed would work. I was sick provided doc paper and all steps were followed accordiong to the union contract by me. If you find yourself defending an employment tribunal claim, failure to follow the ACAS code will count against you. Well I went through hell on earth last year. There’s lots of ways you can ensure that you’re treated fairly by your employers but you need to be proactive if you are employed by a company who do not comply with the law. The company may also choose not to suspend initially but if further information comes to light prior to the meeting or if the employee behaves in an inappropriate manner then the company may reserve the right to suspend at that point. On the 9th November i called a meeting explaining am a lone parent with no financial help from my childs dad and cannot afford to go ahead with the hour change. gross misconduct) or they are already on a final written warning, you should explain in the invitation letter that this could be a potential outcome of the meeting. All timescales included in this disciplinary procedure have been agreed by the governing body and the schools local trade unions. If misconduct is proven, the next step is to decide on the appropriate level of warning. so i got a warning but by this time i didn’t know the first one was changed, so when i got letter saying i had a disciplinary meeting on the 24th i was shocked, and it was because i put on the 12th oct i was in at 8:45 but as some on my team member didnt see me till 10:30 that wasnt in the building when i was in a meeting with another manager till half 10, hence why i was seen. If the offence is more substantial, or it is not the employee’s first, you may need to resort to formal procedure. I was due to return to work on 1st April. I was allowed to take a work collegue with me, the outcome was that my 6 months with them had not proved as working well (my probation period was 3 months), they said they would pay me to end of decemebr andwould not expect me to be in work in this time. Begin by gathering all the information you need to establish the facts about the situation: speak to witnesses, look at any information that may serve as evidence and hold an investigation meeting with the employee concerned. If the employer has not applied the policies correctly you could appeal their decision. Disciplinary procedure: taking formal action against misconduct. summaries of decisions on the code of practice on disciplinary and grievance procedures. For the disciplinary to be considered fair, the employee must be given an opportunity to challenge your decision. A grievance procedure is used to deal with a problem or complaint that an employee raises.