Definition
A formal process that employers follow to address employee misconduct or performance issues. It typically involves investigation, a hearing, a decision, and the right to appeal. The procedure should be clearly documented and communicated to all employees.
UK Context
The ACAS Code of Practice on Disciplinary and Grievance Procedures sets out the minimum standards expected. While not legally binding, employment tribunals take the Code into account when assessing fairness. Failure to follow the Code can result in a 25% uplift in compensation awards.
Best Practices
- Follow the ACAS Code at every stage: investigate, inform the employee in writing, hold a hearing, allow a companion, and offer a right of appeal
- Keep thorough written records of all stages of the process
- Ensure the investigating officer, hearing chair, and appeal officer are different people to maintain impartiality
Frequently Asked Questions
What is the ACAS Code of Practice?
The ACAS Code of Practice on Disciplinary and Grievance Procedures is a set of guidelines that outlines best practice for handling workplace discipline and grievances. Tribunals consider whether employers have followed the Code when determining fairness.
Can an employee bring a companion to a disciplinary hearing?
Yes, employees have a statutory right to be accompanied by a trade union representative or a work colleague at any formal disciplinary or grievance hearing, under section 10 of the Employment Relations Act 1999.