Disciplinary & grievenace hearings can continue

The Acas employment advisory and conciliation service has issued guidance on disciplinary and grievance procedures during the coronavirus pandemic.

It states that disciplinary and grievance hearings can continue if it is “fair and reasonable” to do so and may take place by video link. The right to be accompanied by a trade union or workplace companion still applies and appropriate arrangements must be made.

The guidance clarifies that someone who is on furlough, and therefore unable to do any work for their employer, can take part if they:

• are under investigation in a disciplinary procedure;

• have raised a grievance;

• are chairing a disciplinary or grievance hearing;

• are taking notes at a hearing or during an investigation interview;

• are being interviewed as part of an investigation;

• are a witness at a hearing; or

• are an employee’s companion for a hearing.

The usual time limits for issuing employment tribunal (ET) claims continue to apply. The vast majority of these require the worker to comply with the Acas Early Conciliation procedure before issuing a claim.

While not legally binding in itself, the guidance can be used in conjunction with the Acas statutory Code of Practice on disciplinary and grievance procedures to inform an ET’s view on whether an employer has acted reasonably when considering a related unfair dismissal claim.

The guidance is available on the Acas website.

https://www.acas.org.uk/disciplinary-grievance-procedures-during-coronavirus