Managing Disciplinary and Grievances

By the end of this session you will have an understanding of what discipline and grievance means and see the benefits of good practice, especially when it comes to dismissing someone and how the ACAS Code of Practice and the law underpins the whole process. This session includes practical exercises with role-play and case studies, which encourage delegates to share ideas and experiences, in a confidential environment.

Introduction and background to grievances & discipline

• The employment law environment
• Contractual and statutory contexts
• The ACAS Code of Practice and guidance

A focus on grievance procedures

• What is a grievance?
• Handling grievances quickly and fairly
• Conducting grievance interviews and the right to be accompanied

A focus on disciplinary procedures

• When does a disciplinary situation arise?
• Examining the disciplinary process and procedures: a best practice overview
• The investigation: a comprehensive, structured approach
• Formal disciplinary hearings: an overview
• Using documentation: effective warning letters
• Role play: conduct an investigatory meeting when represented by a trade union rep

Key aspects of dismissal law

• The basics of dismissal: 'wrongful', 'unfair' and 'constructive'
• Statutory reasons for dismissal
• Considering essential elements of unfair dismissals
• What are fair reasons for dismissal?
• Fairness: the essence of 'reasonableness'
• Examining automatically unfair dismissals and group dismissals
• Role play: disciplinary appeal hearing, presenting the investigation report

Alternative processes

• Formal or informal
• Mediation
• Settlement agreements

Employment tribunal claims

• What are the current tribunal rules?
• An overview of terminology and forms
• The cost regime