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HR Advice:

Disciplinary and Grievance Procedures

It's frequently at times when disciplinary action is needed that you find out the shortcomings in your company's systems and procedures.

Employers must give employees the following information about disciplinary and grievance procedures as part of their employment terms:

  • • Details of any disciplinary rules which apply to the employee
  • • Details of the company disciplinary procedure and grievance procedure (or the Statutory Disciplinary Procedure as a minimum)

What is the statutory disciplinary procedure?
  • • If an employer is contemplating dismissal - or action short of dismissal such as loss of pay or seniority - they must follow a three-step disciplinary procedure. This statutory procedure involves:
    •     - a statement in writing of what it is the employee is alleged to have done
    •     - a meeting to discuss the situation, and
    •     - the right of appeal
  • • If an employer does not follow the minimum procedure then an employment tribunal may judge the dismissal 'automatically unfair'. Compensation will increase or decrease - by between 10-50% - depending on whether the employer or employee failed to adhere to the new law.

Does your disciplinary procedure meet the statutory requirement but also reflect your rights and needs as an employer?

We can check all these things out for you in a Fidler & Pepper HR HealthCheck.