Download Employee Disciplinary and Grievance Procedures: Terms, Conditions, Warnings, and Appeals and more Lecture notes Auditing in PDF only on Docsity! Last reviewed July 2019 1 These procedures in general terms follow the ACAS Code of Practice on Disciplinary and Grievance Procedures. Grievances are concerns, problems or complaints that employees raise with their employers. Issues that may cause grievances include: • terms and conditions of employment • health and safety • work relations • bullying and harassment • new working practices • working environment • organisational change • discrimination. If at any time you have a grievance relating to your employment, you should use the following procedure. You should continue to work normally until the matter is resolved. 1. Attempt to resolve the grievance informally: Most grievances can be resolved quickly and informally through discussion with your line manager or the person against whom you have a grievance. If you feel unable to speak to your immediate manager you should approach your line manager’s manager or a member of the executive management team. 2. Raise the grievance formally: 3. If your attempts to resolve your grievance informally have not resolved the problem you should raise the grievance formally. You should raise the matter in writing with your immediate manager. In most circumstances a meeting will be arranged to discuss the grievance. The outcome will be communicated to you in writing. You have the right to appeal If the outcome is not acceptable to you, you may raise the matter with a member the executive management team or a member of the Board of Trustees who will endeavour to reply within two weeks or as soon as reasonably possible thereafter. At any stage during this process you may be accompanied by a work colleague, or, where you have alleged that the company has acted in breach of a legal duty owed to you, by a trade union official. Last reviewed July 2019 2 If it is considered helpful an independent third party or mediator may be used to help resolve the issue. Job performance – warning, disciplinary and dismissal procedure You may be warned, suspended with pay or dismissed in accordance with the following procedure for misconduct, or incompetence in carrying out your duties. Examples of misconduct and incompetence are included in this procedure, but they are not an exhaustive list of matters which could lead to disciplinary action, rather some of the more common types of misconduct. Except in the case of gross misconduct or gross incompetence you shall not be dismissed for a first offence. Normally, the procedure is as described below except in a case of gross misconduct or gross incompetence when the procedure set out shall be as in the clause "Gross Misconduct and Gross Incompetence". The Company may however initiate action at any stage of the procedure, depending upon the seriousness of any offence. You will have the opportunity to present your views at each stage of the formal procedure and you may be accompanied by a work colleague of your choice or trade union official during any disciplinary meeting. The Company will seek to agree a mutually convenient date for any disciplinary meeting with you and your companion and where your chosen companion cannot attend on the date proposed you can offer an alternative date so long as it is reasonable and falls before the end of the period of five working days beginning with the first working day after the initial date proposed by the Company. Your companion may address the hearing but not answer questions on your behalf. In less serious cases of misconduct or incompetence where in the Company's opinion your performance in your job falls below what it considers to be a competent standard, or where it considers your behaviour to have constituted an act of misconduct e.g. bad timekeeping, absenteeism, failure to pursue normal working duties to a satisfactory standard, an oral warning to remedy the problem will be given by your immediate manager. A note of the warning will be made in your personal record. In more serious cases of misconduct or incompetence (other than gross misconduct or gross incompetence) or if you fail to improve and maintain that improvement in relation to conduct or job performance after the oral warning then a first written warning will be issued to you. The first written warning will state details of the misconduct or incompetence; details of the action necessary to remedy the situation; outline what standard is required and the time allowed for improvement; and that any further misconduct or failure to improve to an acceptable standard may result in a final written warning, transfer, or suspension with pay and could ultimately lead to dismissal.