We also recommend having a full and detailed grievance procedure to guide and protect the business. Not allowing the employee to be accompanied at a disciplinary hearing. Acas takes the view in its guidance that it is still possible for furloughed employees to take on various roles in disciplinary or grievance investigations or hearings, including if they are the person under investigation, chairing a hearing, acting as a witness or companion, or taking a note, provided that such participation is voluntary. The Acas Code of Practice on Disciplinary and Grievance Procedures provides essential guidelines for employment tribunals to follow during a disciplinary or grievance procedure. www.acas.org.uk for more details. Paragraph 26 of the Acas code of practice on disciplinary and grievance procedures explains that an employee should appeal if they believe that a disciplinary decision is wrong or unjust. The Acas code of practice on disciplinary and grievance procedures, which is taken into account in relevant tribunal proceedings, states that it would normally be appropriate to provide the employee with copies of any written evidence with the notification of the disciplinary hearing. The Acas guide to discipline and grievances at work gives more information for employers about taking disciplinary action. During the coronavirus pandemic, procedures must also be carried out in a way that follows public health guidelines around social distancing and the closure or phased re-opening of certain workplaces. The ACAS Code of Practice sets out standards for employers to meet when managing disciplinary issues. Please see here for the Acas Code and Guidance. Go to . Acas provides information, advice, training, conciliation and other services for employers and employees to help prevent or resolve workplace problems. There is a risk that the hearing could result in dismissal, a formal warning that your performance or conduct must improve, or some other kind of contractual sanction being taken. Join Acas as we guide you through the disciplinary process. The ACAS Code of Practice on Disciplinary and Grievance Procedures (the “ACAS Code”) requires the employee to state their full grounds of appeal in writing and specifies that any appeal should be heard without unreasonable delay. Legal Briefings They must also be permitted to confer with the worker during the hearing. Disciplinary action could be: a first or final warning; suspension without pay; demotion; dismissal; Your employer only has to allow certain people to accompany you. You can bring someone with you to a disciplinary meeting. 22 December 2020 09:30 - 12:30 Full: Managing discipline and grievance (England & Wales) - digital event During these unprecedented times, more people are working remotely. We start with the informal stages and initial investigation. Under s.10 of the Employment Relations Act 1999, the companion must be permitted to address the hearing in order to put the worker's case, sum up the case and respond on the worker's behalf to any view expressed at the hearing. Browse more Employee Relations jobs. Clear, practical guidance on how to conduct workplace investigations and hearings. Should an employee bring a claim against their employer, the tribunal … The ACAS Code of Practice on Discipline and Grievance Procedures recommends that your companion takes a full part in the proceedings. Importantly, the person leading the hearing should be independent from the incident in question e.g. Campbell v Mitie Managed Services Ltd (employment tribunal) Although it is a statutory right, the Acas code reminds employers of the requirement to allow the employee to be accompanied at a disciplinary hearing. Previous Article. In addition, a covert recording may breach the employee’s right to private and family life under art.8 of the European Convention on Human Rights, unless the employer can explain why it was a proportionate way of achieving a legitimate aim. The right to be accompanied arises when you invite your employee to attend a disciplinary or grievance hearing, and they make a reasonable request for a companion, of their choice, to attend the hearing. Comment. Consequently, employers must take a broad approach in allowing employees the right of appeal. Next Article . It is therefore important that employers give any appeal they receive priority and not simply put it to the bottom of the pile! Yes, an employer can anonymise witness statements obtained during a grievance or disciplinary procedure. "It has been updated to take account of the EAT decision in the case of Toal v GB Oils on the right of accompaniment at disciplinary and grievance hearings. We can help you handle a disciplinary hearing at work effectively and spot potential legal claims, including when grievances are raised during a disciplinary procedure. If you cannot find a suitable event return to training home page. The appeal should ideally be heard by someone senior to the original decision-maker and from a different reporting line. The Acas Code of Practice sets out principles for handling disciplinary and grievance matters in the workplace and states that procedures must always be fair and reasonable. The Acas Code of Practice on Disciplinary and Grievance Procedures is an essential read for any business owner, manager or HR professional dealing with disciplinary hearings. The Acas guidance suggests that your disciplinary process should follow the following format: A letter telling your employee the issue and inviting them to a disciplinary hearing. All Acas events on Mock disciplinary hearing for all regions: Click on an event for more information and to book places. There is no specific legal timescale in which a disciplinary appeal hearing should be held. Although the ACAS Code is not legally binding, an Employment Tribunal will take into account whether your employer adhered to the provisions of the Code. Anne Sharp, Acas Chief Executive, said: "Our Code is designed to help employers, employees and their representatives deal with disciplinary and grievance situations in the workplace. Unlike disciplinary hearings, the Code does not include any provisions that directly relate to the attendance of witnesses at grievance meetings. During the coronavirus pandemic, procedures must also be carried out in a way that follows public health guidelines around social distancing and the closure or phased re-opening of certain workplaces. You employer should follow a written process, which explains the standards of fairness they'll follow in the disciplinary action. The role of the disciplinary hearing. 5. No comments yet. If the employee does decide to appeal, you should try to hold the appeal hearing as soon as possible. Employee relations opportunities on Personnel Today. Acas Helpline The Acas Helpline has further advice on disciplinary issues. The Code gives crucial guidance on carrying out a fair procedure for misconduct and poor performance. An employer should highlight that the employee still has a right to be accompanied by a trade union rep or work colleague at any disciplinary hearings. . Employers will also be mindful of the negative impact that recording … In any disciplinary process, your employer has to follow the law, ACAS Code of Practice on Disciplinary and Grievance Procedures (the Code), and your employer’s own policies and procedures. 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