No matter how well an organisation is run there are bound to be difficulties that arise from time to time in the employment relationship relating to workplace issues, poor performance, low productivity or employee misconduct. As an employer you must ensure that you comply with employment law and handle these situations – grievances and disciplinaries – in a fair, reasonable, transparent and consistent manner.
Difference between a grievance and a disciplinary
An employer uses a disciplinary procedure to address an employee’s conduct or performance. Whilst a grievance procedure is used to deal with a problem or complaint that an employee raises.
Generally, it is hoped that grievances and disciplinaries can be solved by informal discussions, mediation, conciliation, or arbitration, rather than the cost, time and formality of a tribunal. But whatever happens, employers must have robust, clear and well documented procedures in place which:
- Support both the employer’s and employee’s perspective
- Offer opportunities for informal resolution, before escalating to formal procedures
Importance of procedures/policy
Every organisation needs to have written policies in place which are easily accessible to all employees. As well as clearly outlining what’s expected of employees in terms of their conduct and performance, it must also include details of the consequences if they continue to not adhere to the standards laid down for them. In addition, it should outline how employees can raise concerns, who to approach, and the steps involved in addressing them.
Line managers and any employees involved in managing disciplinary and grievance matters should be properly trained in the organisation’s policies and procedures and know how to implement them.
A good disciplinary and grievance procedure should include ways of trying to resolve matters informally via open communication and discussion – without the cost and time involved in a tribunal case – as the first port of call, before detailing the course of action which they should follow if a complaint cannot be successfully resolved – investigation, meetings, and appeals.
Employer responsibilities
As an employer you should create a culture of open communication by encouraging employees to voice any concerns without fear of reprisal. Any issues brought to you by employees should be addressed promptly so problems aren’t allowed to fester. Managers need to actively listen to employees’ concerns and show empathy before conducting a thorough investigation to understand the facts of the situation.
Clarity and fairness
If any investigations take place, they should be done in a timely way, objective and impartial with evidence gathered from both sides. Communications should be open allowing all parties to express their views. The process should be confidential and fair with time for both parties to respond to allegations and present their case. Everything then needs to be well documented with detailed records of all investigations, meetings, and decisions and if employees require representation that should be facilitated quickly and without question.
Consistent and appropriate action
All decisions or actions should be reasonable, consistent, based on evidence and take into account any mitigating circumstances. They need to be communicated in writing providing reasons for the outcome and detail any appeal process. Support and guidance should be offered to help employees to improve their performance or behaviour. It’s worth remembering that mediation can be a potential avenue for resolving grievances, particularly when relationship issues are involved.
If all this sounds too much, you can choose to bring in an external HR consultant to help you when it comes to writing policies or dealing with grievances or disciplinaries. Their knowledge, experience and skills might make an enormous difference to the course of action.
Finally, it’s worth pointing out that being open to constructive feedback from employees can be an effective way to improve your policies and procedures. For more information and advice, please contact debby@total-spectrum.com
