LRD guides and handbook November 2021

Disciplinary and grievance procedures - a guide for union reps

Introduction

Introduction [pages 5-6] (641 words)

Representing members in disciplinary and grievance hearings is a fundamental part of the role of a trade union rep. According to the Workplace ...
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Chapter 1

1. The law and disciplinary and grievance procedures [ch 1: page 7] (178 words)

If an employer fails to follow a disciplinary or grievance procedure (unless the procedure is contractual), there is no clear legal recourse for the ...
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The right to a fair trial [ch 1: pages 7-8] (408 words)

Contractual procedures [ch 1: page 8] (147 words)

Implied contract terms [ch 1: pages 8-9] (303 words)

Statutory procedures [ch 1: page 9] (274 words)

The Acas Code of Practice [ch 1: page 10] (167 words)

When does the Code apply? [ch 1: pages 10-11] (485 words)

Adjustment to awards [ch 1: pages 11-12] (265 words)

Chapter 2

2. Ensuring best practice [ch 2: page 13] (162 words)

All workplace disciplinary and grievance procedures should comply with the minimum requirements of the Acas Code of Practice (see Chapter 1). They ...
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Negotiating points [ch 2: pages 13-15] (1,131 words)

Understanding the rules [ch 2: pages 16-17] (566 words)

Specifying unacceptable conduct [ch 2: pages 17-18] (548 words)

Gross misconduct [ch 2: pages 19-20] (518 words)

The importance of context [ch 2: pages 20-21] (412 words)

Applying the rules fairly [ch 2: pages 21-22] (477 words)

Chapter 3

3. The right to be accompanied [ch 3: page 23] (256 words)

All workers, including agency workers, have the right to be accompanied at a disciplinary or grievance hearing under section 10 of the Employment ...
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Formal or informal meeting? [ch 3: pages 23-24] (620 words)

The companion [ch 3: pages 25-26] (615 words)

Making a request to be accompanied [ch 3: page 26] (343 words)

The role of the companion [ch 3: page 27] (199 words)

Enforcing the right to be accompanied [ch 3: page 27] (115 words)

Protection from victimisation [ch 3: pages 27-28] (161 words)

Right to time off [ch 3: page 28] (213 words)

Confidentiality of casework [ch 3: pages 28-29] (272 words)

Chapter 4

4. Suspension and investigation [ch 4: page 30] (252 words)

Disputes at work should be resolved wherever possible informally and Acas suggests that in many cases “a quiet word” is all that is needed. ...
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Suspension [ch 4: pages 30-32] (1,066 words)

Suspension terms [ch 4: page 33] (160 words)

Investigation [ch 4: pages 33-34] (276 words)

Delay [ch 4: page 34] (116 words)

Standard of proof [ch 4: pages 34-37] (1,286 words)

Requiring a higher standard [ch 4: page 37] (168 words)

Who should carry out the investigation? [ch 4: pages 37-38] (484 words)

Raising concerns [ch 4: pages 38-39] (258 words)

Covert surveillance evidence [ch 4: pages 39-41] (1,182 words)

Anonymous witnesses [ch 4: pages 41-42] (456 words)

Adjustments [ch 4: pages 42-43] (178 words)

Gathering evidence to support the employee’s case [ch 4: page 43] (242 words)

Disciplinary charges against trade union members and reps [ch 4: page 44] (323 words)

Disciplinary investigations and criminal charges [ch 4: pages 44-45] (409 words)

Ending the investigation [ch 4: page 45] (58 words)

Disciplinary and grievance procedures during coronavirus [ch 4: pages 45-48] (1,126 words)

Chapter 5

5. Disciplinary action [ch 5: page 49] (245 words)

If the investigation concludes that there is a disciplinary case to answer, the employer must inform the employee. ...
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Overall fairness [ch 5: page 49] (76 words)

Explaining the charges [ch 5: pages 49-51] (757 words)

Evidence [ch 5: pages 51-52] (344 words)

Subject Access Request [ch 5: pages 52-53] (542 words)

Attending the hearing [ch 5: pages 53-54] (304 words)

Dismissal in employee’s absence [ch 5: page 54] (114 words)

Non-attendance due to illness [ch 5: pages 54-55] (504 words)

Adjustments [ch 5: pages 55-56] (286 words)

Note-taking and recording [ch 5: pages 56-57] (603 words)

Testing the evidence [ch 5: pages 57-58] (353 words)

Asking for an adjournment [ch 5: page 58] (103 words)

Discrimination [ch 5: pages 58-59] (401 words)

Checklist: Representing a member disciplined for intermittent absence [ch 5: pages 59-60] (289 words)

Bias [ch 5: page 60] (178 words)

Overlapping grievance and disciplinary procedures [ch 5: pages 60-62] (862 words)

Role of the rep at a disciplinary hearing (TUC guidance): [ch 5: pages 62-63] (218 words)

Mitigation [ch 5: pages 63-64] (352 words)

Apologising [ch 5: page 64] (219 words)

Disability [ch 5: page 65] (182 words)

Checklist: Representing a member accused of poor performance [ch 5: pages 65-67] (604 words)

Chapter 6

6. Disciplinary outcomes [ch 6: page 68] (238 words)

After the disciplinary hearing, the employer must decide whether to take disciplinary action, and should inform the employee in writing (Acas Code, ...
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Precedent and consistency [ch 6: pages 68-69] (667 words)

Warnings [ch 6: pages 70-71] (652 words)

How long should a warning last? [ch 6: pages 71-72] (243 words)

Dismissal [ch 6: pages 72-73] (434 words)

Relying on prior warnings [ch 6: page 73] (160 words)

Lapsed warnings [ch 6: pages 73-74] (359 words)

Unfairness: the band of reasonable responses [ch 6: pages 74-75] (697 words)

Appeals [ch 6: page 75] (30 words)

The appeal process [ch 6: pages 75-77] (725 words)

Employer’s failure to allow an appeal [ch 6: pages 77-78] (408 words)

Employee’s failure to appeal [ch 6: page 78] (83 words)

Effect of the appeal [ch 6: pages 78-79] (655 words)

Time Limits [ch 6: page 80] (137 words)

Chapter 7

7. Grievance procedures [ch 7: page 81] (352 words)

A grievance is a concern raised by a worker about any aspect of work, including terms and conditions, the working environment and relationships with ...
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Setting out the grievance [ch 7: page 82] (60 words)

Grievance content [ch 7: page 82] (175 words)

Collective grievances [ch 7: page 82] (54 words)

Grievances against third parties [ch 7: pages 82-83] (199 words)

The grievance hearing [ch 7: pages 83-85] (783 words)

Who hears the grievance [ch 7: page 85] (77 words)

The grievance outcome [ch 7: page 85] (60 words)

Appealing a grievance decision [ch 7: page 85] (201 words)

Status quo agreements [ch 7: page 86] (215 words)

Time limits [ch 7: page 86] (132 words)

Chapter 8

8. Organising around collective issues [ch 8: page 87] (98 words)

As noted in Chapter 7, the Acas Code does not apply to collective grievances, which it defines as those raised on behalf of two or more employees by ...
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Building the union [ch 8: page 87] (237 words)

Strength in numbers [ch 8: pages 87-88] (282 words)

Improving conditions for all [ch 8: page 88] (194 words)

Identifying collective issues [ch 8: pages 88-89] (160 words)

The collective process [ch 8: page 89] (233 words)

Collecting data [ch 8: page 90] (285 words)

Chapter 9

9. Mediation [ch 9: pages 91-92] (495 words)

While collective action is generally the best way to resolve problems in the workplace, the TUC recognises that mediation has an important role to ...
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Chapter 10

10. TUPE and discipline and grievance issues [ch 10: page 93] (102 words)

Increasingly, reps are asked to help members who face discipline and grievance issues against the backdrop of a TUPE transfer, for example, a ...
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Employee liability information [ch 10: page 93] (61 words)

Employees with a poor disciplinary record [ch 10: page 93] (128 words)

Disciplinaries unresolved at transfer date [ch 10: page 93] (121 words)

Appeals [ch 10: page 94] (147 words)

Chapter 11

11. References following a disciplinary process [ch 11: page 95] (51 words)

In general, an employer is not obliged to give a reference. Any reference provided must be true, accurate and fair, but there is no duty to be full ...
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What can be referred to? [ch 11: page 95] (192 words)

Can an agreed reference be negotiated? [ch 11: page 95] (113 words)

Victimisation [ch 11: page 95] (70 words)

Further information

Further information [pages 96-97] (550 words)

The Labour Research Department: www.lrd.org.uk. LRD publishes regular booklets on legal issues of interest to trade union reps and members, and on ...
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Appendices

Appendix: The Acas Code of Practice [pages 98-104] (2,689 words)

Below is the latest Acas Code of Practice on disciplinary and grievance procedures, last amended in 2015. It is available online at ...
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