Grievances and disciplinary procedure
This section will help you to understand your legal obligations when you are dealing with Anybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. Concerns, problems or complaints raised by a member of staff with his employer. and disciplinary issues. It guides you through what processes and procedures you should put in place, what investigations you should carry out and how you should respond to information requests from Anybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer.. This section will also help you to consider when A voluntary process by which an independent third party (a mediator) helps two or more parties in dispute come to a mutually acceptable agreement or arrangement. might be appropriate and whether you can suspend or monitor Anybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. while you are carrying out a disciplinary process.
Handling grievances
- 1.What counts as a grievance?
- 2.What should I do if a staff member raises a grievance?
- 3.How should I handle grievances brought by non-employees?
- 4.How do I deal with a grievance informally?
- 5.How do I carry out a formal grievance process?
- 6.Who should handle a grievance process?
- 7.Can a manager handle a grievance about themselves, if there is no one else to do so?
- 8.How do I respond to a request for information from a staff member who raises a grievance?
- 9.How do I deal with a staff member's request for personal information about them (a subject access request) during a grievance process?
- 10.How do I deal with a staff member's request for confidential information about other staff or my business during a grievance process?
- 11.How do I deal with a staff member's request for information that is not personal or confidential during a grievance process?
- 12.How do I arrange an initial grievance meeting?
- 13.How do I arrange a follow up grievance meeting?
- 14.How do I run a grievance meeting?
- 15.How do I inform a staff member about the outcome of a grievance meeting?
- 16.What arrangements do I need to consider making for a grievance meeting if my staff member is disabled?
- 17.How do I investigate a grievance?
- 18.Should I carry out an investigation into a grievance before or after the grievance meeting?
- 19.Who should carry out an investigation into a grievance?
- 20.How much information should I share with staff members who are involved in a grievance investigation?
- 21.When will it be appropriate to use mediation as part of a grievance process?
- 22.Who can act as a mediator in a grievance process?
- 23.What role can my staff member's companion play in the grievance meeting?
- 24.Who can my staff member choose to accompany them at a grievance meeting?
- 25.Can I make a digital recording of a grievance meeting conducted remotely?
- 26.Do I have to give my staff member the opportunity to appeal my grievance decision?
- 27.Who should handle a staff member's grievance appeal?
- 28.How do I run a grievance appeal process?
Specific types of grievance
- 29.What is a whistleblowing complaint?
- 30.What do I do if someone makes a whistleblowing complaint?
- 31.What procedure do I need to follow to deal with a whistleblowing complaint?
- 32.Can I fire a whistleblower or change their job?
- 33.How do I deal with a complaint about bullying or harassment by another member of staff?
- 34.What counts as bullying or harassment?
- 35.What is sexual harassment?
- 36. Do I need to take action to prevent sexual harassment?
- 37.What action should I take to prevent sexual harassment?
- 38.What counts as a complaint about discrimination?
- 39.How do I deal with a complaint about discrimination?
Taking disciplinary action
- 40.How do I decide whether to treat something my staff member has done as a disciplinary issue?
- 41.Should I use a formal disciplinary process just for my employees or for my casual workers and freelancers as well?
- 42.How do I carry out a formal disciplinary process?
- 43.How do I decide who is the most appropriate person to handle a disciplinary process?
- 44.Do I have to conduct a full investigation into a disciplinary matter?
- 45.How do I carry out a disciplinary investigation?
- 46.How do I gather information from members of staff during a disciplinary investigation?
- 47.How do I respond to a request for information from a staff member who is subject to disciplinary proceedings?
- 48.How do I deal with a staff member's request for information about them (a subject access request) during a disciplinary process?
- 49.How do I deal with a staff member's request for confidential information about other staff or my business during a disciplinary process?
- 50.How do I deal with a staff member's request for information that is not personal or confidential during a disciplinary process?
- 51.How do I arrange a disciplinary hearing?
- 52.How much notice should I give a staff member for a disciplinary hearing?
- 53.How do I run a disciplinary hearing?
- 54.What steps do I need to consider making for a disciplinary meeting if my staff member is disabled?
- 55.Who can my staff member choose to accompany them at a disciplinary hearing?
- 56.What role can my staff member's companion play in the disciplinary meeting?
- 57.When will it be appropriate to use mediation as part of a disciplinary process?
- 58.Who can act as a mediator during a disciplinary process?
- 59.Can I monitor a staff member during a disciplinary process?
- 60.Can I make a digital recording of a disciplinary meeting conducted remotely?
- 61.Can I suspend a staff member during a disciplinary process?
- 62.Can I withhold pay from a staff member who has been suspended as part of a disciplinary process?
- 63.What should I do if a staff member raises a grievance at the same time as a disciplinary matter is being dealt with?
- 64.What should I do if a staff member resigns during the course of a disciplinary process?
- 65.How do I decide on an outcome following a disciplinary process?
- 66.What warnings do I need to give my staff member after a disciplinary process?
- 67.How long should written warnings remain in effect?
- 68.Can I take into account expired warnings during my disciplinary process?
- 69.How many written warnings do I need to give before I can fire a staff member?
- 70.Can a staff member appeal my disciplinary decision?
- 71.Who should handle a disciplinary appeal process?
- 72.How do I run a disciplinary appeal process and who should handle it?
Specific disciplinary situations
- 73.What should I do if a staff member is under-performing?
- 74.How do I prove that my staff member is under-performing?
- 75.What do I do if a staff member who has a health issue or disability is under-performing?
- 76.How do I deal with a member of staff who has committed misconduct?
- 77.What counts as gross misconduct?
- 78.How do I deal with a member of staff who has been charged with or convicted of a criminal offence?
- 79.How do I deal with a staff member whose frequent sickness absence has become disruptive for my business?
- 80.How do I carry out a formal disciplinary procedure because of an unacceptable level of sickness absence?