Introduction to ACAS procedures PDF

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Introduction to ACAS procedures for grievances and dismissals...

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Introduction to ACAS procedures ACAS Code of Practice on Disciplinary and Grievance Procedures • Must be followed by both employers and employees. • Code is a "minimum" - employer can have own policies. • Consequences of failure to follow Code: ◦ Not a standalone claim, but makes matters worse in relation to other claims. ◦ Unfair dismissal? ◦ Impact on compensation for other successful claim? Misconduct at Work "Disciplinary situations include misconduct and/or poor performance" Misconduct can include… • Stealing from employer. • Fighting at work. • Consistently being late. • Revealing confidential info. • Dressing inappropriately. • Repeated absence. • Poor quality work in certain situations, although not generally. Two types of misconduct… • Basic misconduct (2.3) ◦ E.g not notifying absence, not arriving at work on time • Gross misconduct (2.4) ◦ Extremely serious. ◦ Can lead to dismissal. ◦ E.g. stealing, attacking a colleague. Dealing with Misconduct: Procedure ACAS code: • To be dealt with promptly and without delay. • Employers and employees should act consistently.

• Employers should carry out any necessary investigation, to establish facts of the case. • Inform employees of the basis of the problem, so they can put forward their case. • Employees have a right to be accompanied at any meeting • They have the right to appeal. 1. •

Informal resolution This is encouraged before formal procedures are used. • If this doesn’t work, take the next steps… 1. ◦ ◦ ◦ ◦ ◦ ◦ • • ◦ ◦ ◦ ◦ ◦ ◦ 1. ◦ ◦ ◦ ◦ ◦

Investigation to establish facts Must be reasonable in scope Investigating officer to be appointed, who was not involved and more senior t accused employee. Interviews with other staff. CCTV Should an employee be suspended at this point If there was an altercation with a colleague it may be inappropriate for t continue working together. Could they be moved to another team? Always look for alternatives to suspension. Has to be reasonable. Has to be kept under review. Not an indication of guilt - neutral act. The investigating officer will make a recommendation. No case to answer OR disciplinary action should progress. Requirement to formally inform employee that the process is going ahead and they a invited to a disciplinary hearing. Have to have reasonable notice of hearing. Informed in writing of allegations and possible consequences. Right to be accompanied is limited to a colleague or trade union rep. Postponement? If the employees fails to attend first meeting, the employer rearranges B this issue persists the employer has discretion to decide what to do.

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Disciplinary hearing Conducted by someone who has not been involved in the investigation. Someone present to take detailed notes. Will be introduced and explained to employee what's going to happen Allegations presented and evidence is gone through. Employee then can state their own case and produce their own evidence. These meetings can be emotional/heated, so staff need to be well trained. If it comes to light that further investigation is needed, the meeting can be temporarily adjourned.

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Decision Must be given without unreasonable delay Possibilities… Dismissal - employer must show genuine belief , based on reasonable g for the employee's guilt. Warning Demotion Moving someone to a different role.

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Appeal Should be heard by someone different and more senior to the initial hearing.

Grievances "Concerns, problems or complaints that employees raise with their employees." Procedure… 1.

Informal resolution • If this doesn't work, take the next steps… 1.

Grievance to be raised in writing

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Meeting and investigation For employer to find out exactly what the problem is and get more information.

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Decision made about grievance: reject, uphold or partially uphold.

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Communication decision to employee in writing. Appeal...