Managing employee

grievance & discipline:

Stay compliant, become

best practice.

(watch the full webinar at http://www.eef.org.uk/resources-and-knowledge/webinars/essential-

management-skills)

Basic features of effective discipline & grievance handling

Consistent guidelines

Clear communication

Clear responsibilities

Act as a reasonable employer

Robust policies & procedures

Lead from the top

Policies adhered to

Training, coaching & guidance

Grievances

What is a grievance?

Option 1: Informal handling of grievances

Take employee aside to discuss

problem or

concern

Consider solutions in your control; consider

impact on others

Agree on next steps

with employee

along with time

frame

Keep a brief note

of the discussion

Check that the employee

understands the company’s

grievance procedures and seek

clarification regarding whether

they are raising the grievance

informally or formally.

Option 2: Mediation can be a good option if…

• The grievance is in the early

hearing or investigation stage

• There is a trained mediator on

hand; ideally an impartial third

party

• There is a desire to resolve the

issue and move forward

• The HR department and

managers want to minimise

time spent in a formal

grievance process and

minimise risk of claims

against the business

Option 3: Formal grievance process

The individual raising the grievance is interviewed to understand the grounds of

their grievance.

Employee has the right to be accompanied by a union

official, lay official or a work colleague.

Investigator unconnected with the grievance carries out

an investigation to:

- Establish the facts

- Hear the interviewees knowledge of events

- Gather evidence to support or refute the grievance raised

Grievance outcome is communicated to the employee. Right of appeal is given. Necessary action is taken.

Grievances FAQ

What if the employee does not want you to do anything?

• Sometimes speaking with a manager or HR professional is all the action the employee needs to feel they have been heard

• Other times, the employee fears the consequences of action being taken

• If the issue the employee raises concerns (e.g. health and safety, bullying), you have a duty to take reasonable steps to deal with it in consultation with the reluctant employee

What if the employee does not want you to take action but keeps complaining?

• You cannot (and should not) force a reluctant employee to raise a formal complaint. Its important to explain that it is difficult to make any changes if the employee is reluctant to take the matter further.

• Make a note of the conversation

Discipline

Potential stages of a disciplinary procedure

STAGE 2

Repeat Offence or a New OffenceSecond Written

Warning

STAGE 3

Repeat Offence orA New Offence

Final WrittenWarning

STAGE 1

First OffenceFirst Written

Warning

STAGE 4

Repeat Offence Dismissal with

NoticeWarning

Where there is a threat to people or

property or the employee could

undermine the investigation, the

employee may be suspended on

full pay pending an investigation.

The rules of discipline

Misconduct should be investigated thoroughly by a manager unconnectedwith the allegation

If the investigation finds there is a case for disciplinary action, a disciplinary meeting should be held with the employee to discuss the problem

The employee has the right to be accompanied by a union official; lay official or a work colleague at that meeting

There should be an adjournment to the meeting before any decision is made

The employee should be informed of the outcome and given the right to appeal the decision to a more senior manager at every warning stage

Quiz question

Which of the following could result in gross misconduct?

Fighting

Failure to carry out a reasonable working instruction

Breach of Health and Safety legislation

Arriving at work a few minutes late

Falling asleep on night shift

= could be gross misconduct, depending on the circumstances

Funnelling techniques to help to establish the facts

Open questions to establish a timeline

Probing questions to establish more detail about dates, times,

witnesses, facts etc.

Did anything else happen at this time that you have not

told me?

What would you like the outcome of your grievance to be

Summarise

Next steps

What to do Where to find help

Review your HR discipline & grievance policies for compliance, completeness and best practice

Work with an HR and employment law service provider to review your policies and take the HR Handbook Challengequiz

Conduct manager training Have managers take the two-day Essential Management Skills course or conduct tailored training at your site

Determine ‘gaps’ in your procedures Take a Management Effectiveness gap analysis quiz

Get expert, independent help for challenging discipline and grievance issues

An HR consultant with a specialty in mediation or discipline & grievance can resolve problems effectively and quickly

Attend regular employment law briefings to stay on top of changes in legislation

EEF’s employment law experts hold regular Employment Law Briefings

Alison ValenteSenior Learning and Development

Consultant - HR and Legal Specialist, EEF

avalente@eef.org.uk

20 years’ experience helping companies

enhance their workforce’s essential

management skills and training

programmes, including appraisals,

recruitment, discipline, grievance and

absence management

Questions? Get in touch with the author…

EEF,the manufacturers’ organisation

Providing leadership and management

consulting, bespoke training,

employment law advice packages and

HR consultancy.

Further information & tools

HR Checklist: a guide for managers dealing with common issues:

https://www.eef.org.uk/training/blogs/2016/may/hr-checklist

Free and accessible to everyone:

Available to EEF’s HR and employment law advice and support

package members only:

5 essential features of a formal disciplinary procedure:

https://www.eef.org.uk/training/blogs/2016/jun/5-essential-features-

of-a-formal-disciplinary-procedure

Dozens of discipline & grievance tools and downloads:

https://www.eef.org.uk/resources-and-knowledge/hr-and-

employment-law/discrimination-equal-pay-and-whistleblowing

Watch this full webinar

Watch a longer version of this presentation covering

issues such as absence management and recruitment

along with commentary from author Alison Valente at

(watch the full webinar at

http://www.eef.org.uk/resources-and-

knowledge/webinars/essential-management-skills)