Disciplinary & Grievance overview

If a member of your team is underperforming you should make it clear that:• Performance must improve and your role as a line manager is to support that improvement• A Personal Improvement Plan (PIP) is a useful tool for managers to support improved

performance in a structured way.• The PIP should include details of:

• The concern, giving examples• Actions required • Timescale for improvement• Any support or training required• How improvement will be measured.

.Please see attached template

Dealing with poor performance 2

• There are two main areas where a disciplinary system may be used:

• Capability/performance• Conduct

Disciplinary procedures 3

Capability/performanceIf a structured performance improvement plan does not result in performance to the correct standard, a formal disciplinary procedure should commence:

• A letter to the employee inviting them to a disciplinary meeting to discuss the situation• The letter must contain details of the subjects to be covered at the meeting and the employee must be

allowed to have a companion present.• Allow the employee to put their side of the story forward• Take time to consider any mitigating circumstances before reaching a decision• Deliver the decision and confirm in writing. If a warning is to be given, state what the review time will be.

First written warnings will normally have a life of 6 months.• Inform the employee of their right to appeal and the process for doing so.

Disciplinary procedure 4

Capability/performance (continued)

If performance has not improved within the timescales quoted at the time of the initial written warning, a final written warning may be issued, by following the same steps taken for the initial written warning.

A final written warning would normally have a life of 1 year.

If improvement is still not evident at the end of the final written warning, a decision can be made to dismiss the employee.

Disciplinary procedure 5.

Misconduct

There is no exhaustive list for misconduct, which can range from continued lateness or following a reasonable management instruction to more serious situations like bullying behaviour, theft or fighting which may be a criminal offence, which would be considered gross misconduct.

Disciplinary procedures for misconduct are the same as for capabilities/performance issues, except the timeframe for improvement would normally be immediate. Gross misconduct may however result in summary dismissal, without all stages of the disciplinary procedure being followed.

Disciplinary 6.

The Acas Code of PracticeIt is crucially important for employers to follow the Acas Code of Practice which came in to force on 6 April 2009. An employment tribunal may adjust any awards made by up to 25% for unreasonable failure to comply.

Disciplinary 7.

Grievance procedures are needed to provide individuals with a course of action should they have a complaint (which they are unable to resolve through regular communication with their line manager).

Handling grievances informally• Individuals should be encouraged to discuss ordinary day-to-day issues

informally with their line manager, in the first instance.• If a solution by an informal route is not found, the Acas Code of practice

plus any additional organisation procedures should be followed.

Grievance procedure 1.

Handling grievances formally• Employee should set out details of grievance in writing giving the full

grounds for the complaint and details of the resolution being sought, to their line manager, or an alternative senior member of staff.

• Line manager or senior member of staff will carry out necessary investigation and will confirm in writing the outcome.

• Employees must be give a right of appeal if they are not happy with the outcome.

Grievance procedure 2.