Disciplinary & Grievance Procedures - Acas

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This Code of Practice provides practical guidance to employers, workersand their representatives on:Published by TSO (The Stationery Office) and available from:Onlinewww.tso.co.uk/bookshopMail, Telephone, Fax & E-mailTSOPO Box 29, Norwich, NR3 1GNTelephone orders/General enquiries: 0870 6005522Fax orders: 0870 6005533E-mail: book.orders@tso.co.ukTextphone 0870 240 3701TSO Shops123 Kingsway, London, WC2B 6PQ020 7242 6393 Fax 020 7242 639468-69 Bull Street, Birmingham B4 6AD0121 236 9696 Fax 0121 236 96999-21 Princess Street, Manchester M60 8AS0161 834 7201 Fax 0161 833 0634TSO Accredited Agents(see Yellow Pages)and through good booksellersPublished with the permission of Acas on behalf of the Controller of Her Majesty’s Stationery Office.© Crown Copyright 2003All rights reserved.Copyright in the typographical arrangement and design is vested in the Crown. Applications forreproduction should be made in writing to the Copyright Unit, Her Majesty’s Stationery Office,St Clements House, 2-16 Colegate, Norwich NR3 1BQ.First edition Crown Copyright 1991, published by HMSOSecond edition Crown Copyright 1998Third edition Crown Copyright 2003First published 2003ISBN 0 11 703154 2Printed in the United Kingdom for The Stationery Office.Id 135457 c50 5/03 83786416 Arthur Street, Belfast BT1 4GD028 9023 8451 Fax 028 9023 540118-19 High Street, Cardiff CF10 1PT029 2039 5548 Fax 029 2038 434771 Lothian Road, Edinburgh EH3 9AZ0870 606 5566 Fax 0870 606 5588Further copies may also be obtained from Acas Publications, Swallow Field Way, Hayes,Middlesex, UB3 1DQ. Tel: 0870 242 9090.The statutory requirements relating to disciplinary andgrievance issues;What constitutes reasonable behaviour when dealing withdisciplinary and grievance issues;Producing and using disciplinary and grievance procedures; andA worker’s right to bring a companion to grievance anddisciplinary hearings.The statutory dismissal, disciplinary and grievance procedures, as setout in the Employment Act 2002, apply only to employees as defined inthe 2002 Act and this term is used throughout sections 1 and 2 of theCode. However, it is good practice to allow all workers access todisciplinary and grievance procedures. The right to be accompaniedapplies to all workers (which includes employees) and this term is usedin section 3 of the Code.A failure to follow any part of this Code does not, in itself, make a personor organisation liable to proceedings. However, employment tribunals willtake the Code into account when considering relevant cases. Similarly,arbitrators appointed by Acas to determine relevant cases under theAcas Arbitration Scheme will take the Code into account.A failure to follow the statutory disciplinary and grievance procedureswhere they apply may have a number of legal implications which aredescribed in the Code.The Code (from page 2 to page 36) is issued under section 199 of theTrade Union and Labour Relations (Consolidation) Act 1992 and was laidbefore both Houses of Parliament on 17 June 2004. The Code comes intoeffect by order of the Secretary of State on 1 October 2004.More comprehensive, practical, advice and guidance on disciplinary andgrievance procedures is contained in the Acas Handbook “Discipline andgrievances at work”which also includes information on the DisabilityDiscrimination Act 1995 and the Data Protection Act 1998. The Handbookcan be obtained from the Acas website at www.acas.org.uk. Furtherinformation on the detailed provisions of the statutory disciplinary andgrievance procedures can be found on the Department of Trade andIndustry’s website at www.dti.gov.uk/er.1
1234ContentsSection 1: Disciplinary rules and proceduresAt a glance 4Guidance 5• Why have disciplinary rules and procedures? 5• Dealing with disciplinary issues in the workplace 7• What if a grievance is raised during a disciplinary case? 13• Dealing with gross misconduct 14• Dealing with absence from work 14• Dealing with special situations 15• Appeals 15• Keeping records 16• Drawing up disciplinary rules and procedures 17• Further action 20Section 2: Grievance proceduresAt a glance 22Guidance 23• Why have grievance procedures? 23• Dealing with grievances in the workplace 23• Raising a grievance 25• Grievance meetings 26• Appeals 27• Special considerations 28• Keeping records 28• Drawing up grievance procedures 29Section 3: A worker’s right to be accompaniedAt a glance 32Guidance 33• What is the right to be accompanied? 33• What is a disciplinary hearing? 33• What is a grievance hearing? 33• What is a reasonable request? 34• The companion 34• Applying the right 35Section 4: AnnexesAnnex A: Standard statutory dismissal and disciplinary procedure 38Annex B: Modified statutory dismissal and disciplinary procedure 40Annex C: Standard statutory grievance procedure 41Annex D: Modified statutory grievance procedure 43Annex E: Statutory procedures: exemptions and deemed compliance 44Section 1Disciplinary rulesand procedures2 CODE OF PRACTICE 1 – DISCIPLINARY AND GRIEVANCE PROCEDURES3
Page 1: Helpline 08457 47 47 4708456 06 16
Page 5 and 6: Core principles of reasonable behav
Page 7 and 8: First formal action - unsatisfactor
Page 9 and 10: Dealing with gross misconduct35. If
Page 11 and 12: 55. Rules should be specific, clear
Page 13 and 14: At a glanceGuidanceDrawing up griev
Page 15 and 16: Grievance meetings77. On receiving
Page 17 and 18: 94. It’s important to ensure that
Page 19 and 20: 101. For instance, an individual’
Page 21 and 22: Annex A: Standard statutorydismissa
Page 23 and 24: Step 3Appeal• If the employee doe
Page 25 and 26: (b) Situations in which the Statuto

Disciplinary & Grievance Procedures - Acas

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