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This assignment is the part of Pgd program, which is submitted under the rules regulations of university to MR.Hashim Hirani In this assignment I searched on CIPD, means The Chartered Institute of Personnel and Development Company and I find material about grievances dismissals and disciplinary procedures in CIPD. This assignment is organised to cover Harvard referencing.
2. Why are disciplinary and grievance procedures necessary?
Disciplinary and grievance procedures provide a clear and transparent framework to deal with difficulties which may arise as part of their working relationship from either the employers or employees perspective.
They are necessary to ensure that everybody treated in the same way in similar circumstances,
To ensure issues are dealt with fairly and reasonably, that employers are compliant with current legislation and follow the Acas code of practice for handling disciplinary and grievance issues.
Disciplinary procedures are needed:
- So employees know what is expected of them in term of standards of performance or conduct.
- To identify obstacles to individuals achieving the required standards.
- as an opportunity to agree suitable goals and timescales for improvement in an individual's performance.
- To try to resolve matters without recourse to an employment tribunal.
- As a point of reference for an employment tribunal should someone make a complaint about the way they have been dismissed?
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 line manager?
- To provide points of contact and timescales to resolve issues of concern.
- To try to resolve matters without recourses to an employment tribunal.
2.1 The legal position.
The statutory procedures for handling discipline and grievance issues introduced in October 2004 were widely, although the provisions were only in force for less than five years, the statutory dispute resolution procedures were repealed in their entirety with effect from 6 April 2009 when the provisions of the employment act 2008 were implemented.
From 6 April 2009 the important provisions governing discipline and grievances at work are to be found in:
- The Employment Act 2008
- The Employment Tribunals (Constitution and Rules of Procedure) (Amendment) Regulations 2008
Numerous other pieces of legislation cross refer to discipline and grievance issues:
- The Employment Rights Act 1996 as amended
- The Employment Rights Dispute Resolution Act 1998
- The Employment Relations Act 1999
- The Employment Rights Act 2004.
2.2 Disciplinary policy and practice in CPID.
There are two type of disciplinary system may b used
Capability/performance and conduct
It is inevitable that at some stage all employers will encounter difficulties with the performance of their employees in the workplace. Many employers will have a specific capability procedure to deal with such matters. It is good practice and also more efficient that such issues are addressed informally, as and when they arise. Only when informal options have been exhausted and where there is no alternative should managers enter a more disciplinary or capability procedures.
Situation where an individual in unable to do their job because of ill health may also fall into this category. In these instances an employee should be dealt with sympathetically and offered support. However, unacceptable levels of absence could still result in the employer making the warning.
Employee misconduct could range from continued lateness, failure to follow a reasonable management instruction, abuse of the organization computer system or internet access, bullying behavior or creating a hostile work environment, through to theft, fighting, and any other criminal offences. The more grave offences may constitute gross misconduct.
2.5 Stage of the process.
If disciplinary action is to be taken, it should always have three terms.
There must always be a full and fair investigation.
2.6 Record keeping.
All records should be kept as this will be vital should a case be taken to an employment tribunal. The type of records may b meeting, emails, attendance notes, telephone calls, and post etc.
2.7 Handing disciplinary interviews.
All line managers should be trained and supported so that they are able to carry out disciplinary meetings with their team. The HR department should be able to assist them by providing a source of advice on preparing for and conducting the interview and relevant legislation.
The key points to consider are:
- Ensure all the facts are investigated in advance.
- make sure the employee knows from the letter inviting them to the meeting why they have been asked.
- Make sure the individual has reasonable notice, ideally more than 72 hours, and that they have chance to arrange an appropriate representative if they wish.
- Provide appropriate statement from people involved in advance of the meeting
- Make sure another member of management can be there to take details notes.
- Never pre-judge the outcome of the interview before the hearing.
- Start the interview by stating the complaint to the employee and referring statement from people involved.
- Give employee opportunity to put forward their side of the story and call any supporting witnesses.
- Make use of adjournments always take a break to consider and obtain any extra information you need before reaching your decision. You can alsotake breaks if things become heated or people are upset during the interview.
- Deliver the decision confirms review periods and ensures you give details of how to appeal.
- Confirm the decision in writing.
2.8 Potential outcomes.
2.9 No action.
After the meeting, the employer may decide that no action is necessary. If an employee was unclear about what was expected from them and they agree to try to resolve the issue via additional support or counseling.
Alternatively, the employer may decide to give the employee a warning. An organization's policy should outline exactly what warnings will be given, but the following are examples of warnings organization may use:
- Verbal/ oral warning
- First written warning/improvement notice
- Final written warning.
First written warning - 6 months
Final written warning - 1 year
There are currently six potentially fair reasons for dismissal.
Employers need to be sure that any decision to dismiss an employee will be seen as reasonable by an employment tribunal. The employer must follow the ACAS code prior to any dismissal and also have been fair overall, by complying with internal procedures, treating employees consistently and carrying out a proper investigation.
2.12 Grievance policy and practice.
It is essential that grievances from employees are treated in the same fair manner and all line and senior manager must be familiar with their organisation grievance procedure.
There are a number of other factors to hear in mind when dealing with grievance concerning harassment.
2.13 Handling grievances informally.
Individuals should be encouraged to discuss ordinary, day to day issues informally with their line manager. This helps concerns to be heard and responded to as soon as possible.
Where this has been unsuccessful, or circumstances make route for the individuals, then matters should be raised formally through the grievance procedure.
2.14 Handling grievances formally.
Employees should also be aware about formal route as well, this including,
- The three stages of the statutory procedure and any further elements of the organisations additional procedures.
- with whom to raise the complaint.
- Timescales within which the organisation will seek to deal with the complaint.
- Details of the stages of the grievance procedure.
An employee should be given the right to be accompanied to grievance hearings by a colleague or trade union representative.
As in disciplinary matters, record keeping is important and the ACAS CODE should be followed.
2.15 CIPD VIEWPOINT.
Ensuring that people are treated fairly and enabling them to work in a non hostile environment are important factors in the creation of a productive working environment. The CIPD believes that where possible employers and employees should seek to resolve most matters that arise in the course of the working relationship informally. This kind of things makes easy to resolved minor concerns speedily without take any formal action. It also helps to reduce any personal embarrassment in discussing issues of concern.
Disciplinary and grievance procedures are essential when informal are ineffective, or where they are inappropriate given the nature of the issue arising. These procedures can also helps to prevent unnecessary staff turnover and absenteeism. And also helps to avoid costly and time consuming tribunal cases.
It is essential that those implementing these procedures have the necessary training and guidance to do so, in line not just with minimum legal obligation but also with that principle of fairness and natural justice that is why CIPD staff turnover very low and people raised most of time their issues informally
- ACAS. (2004) Disciplinary and grievance procedures. Code of Practice 1. London: Acas.
- ACAS. (2009) Disciplinary and grievance procedures. Code of Practice 1. London: Acas. Available at: http://www.acas.org.uk/CHttpHandler.ashx?id=1047