LRD Booklets November 2021

Disciplinary and grievance procedures - a guide for union reps

buy now

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 ...
Open access

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 ...
Subscribers only

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 ...
Subscribers only

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 ...
Subscribers only

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. ...
Subscribers only

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. ...
Subscribers only

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, ...
Subscribers only

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 ...
Subscribers only

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 ...
Subscribers only

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 ...
Subscribers only

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 ...
Subscribers only

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 ...
Subscribers only

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 ...
Subscribers only

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 ...
Subscribers only