LRD Booklets April 2009

Disciplinary and grievance procedures - a guide for union reps

Introduction (765 words)

The Employment Act 2002 (Dispute Resolution) Regulations, introduced statutory procedures in October 2004 which were intended to make it easier to resolve disciplinary and ...

1. Establishing a disciplinary procedure (1605 words)

Employees need to know what standards are expected of them and disciplinary action should not normally be commenced where an employee was not aware ...

2. Investigation and suspension (1264 words)

Many disciplinary procedures have an informal stage and employers should be encouraged to deal with cases of minor misconduct or unsatisfactory performance at that ...

3. Information for the employee (685 words)

If, following on from the investigation stage, it is decided that there is a disciplinary case to answer, the employer needs to inform the ...

4. A fair disciplinary hearing (1336 words)

The timing of stages in a disciplinary hearing can be important for a number of reasons. A requirement not to delay proceedings will avoid ...

5. The right to be accompanied (1794 words)

All employees have the right to be accompanied at disciplinary and grievance hearings under section 10 of the Employment Relations Act 1999 (EReA 99). ...

6. Decisions (1755 words)

Following the meeting, the employer must decide whether or not to take any disciplinary action, and inform the employee. There are a few cases ...

7. Appeals (515 words)

All disciplinary procedures should give employees the right to appeal. If an employer does not allow an appeal, they will not be complying with ...

8. Grievance procedures (1307 words)

From 6 April 2009, failure to raise a grievance is no longer a bar to bringing a tribunal claim, but if an employee unreasonably ...

Further information (251 words)

Full details of the new position regarding dispute resolution can be obtained from the Department of Business, Enterprise and Regulatory Reform (BERR), web: www.berr.gov.uk/whatwedo/employment/Resolving_disputes/index.html. ...

Model letter requesting access to data from employer (273 words)