What is the difference between grievance and disciplinary procedures

The grievance could be about anything in relation to the workplace. It could be about another member of staff, management, working conditions, workloads. There are no limitations on what a grievance could be about. Encouraging staff to be open and honest and comfortable about raising concerns will promote and healthy and happy work environment. As such managers should be trained to listen, engage and respond appropriately.

Resolving issues early prevents concerns and problems from spiralling out of control and becoming serious. However, in some cases the issue may be too big to solve in this way and then a grievance procedure is necessary. A grievance policy and procedure gives both employers and employees clear guidelines and instructions for what happens during a grievance procedure.

This must include the following steps:. Verbal warning — A meeting should be arranged by the manager to give a verbal warning. The employee may bring a colleague or union representative. Before an employer takes any action against an employee, it is important that they establish the facts of each individual case.

If, after the investigatory process, it is decided that disciplinary procedures will be initiated, the employer is required to notify the employee in writing of this fact. This notice should contain sufficient information regarding the alleged misconduct or substandard performance and any possible consequences, to enable the employee to prepare their answer to the allegations. The notification should also give any details regarding the scheduling of a disciplinary meeting, which should be held without reasonable delay, yet giving the employee time to prepare their response.

The meeting is the chance for the employer to explain the complaint against the employee using the evidence they have compiled. The employee should be allowed to set out their case, answering any allegations and using their own evidence and witnesses if required.

It should be noted that the employee has the right to be accompanied at the meeting with a fellow worker, a trade union representative or an official employed by a trade union. After the meeting, it is then appropriate to decide whether to take disciplinary action or not. Either way, the decision must be confirmed to the employee by a written statement. Where misconduct is confirmed, it may be appropriate to issue the employee with a written warning, or if the conduct is sufficiently serious, a final written warning.

Such warnings should indicate the reasons for the decision and what actions the employee can take to rectify their conduct. Decisions to dismiss can only be taken by management with the authority to do so. Investigations should always occur before dismissal, except in situations of gross misconduct when dismissal can be effective immediately, with the investigation and disciplinary process beginning after dismissal.

Finally, the employee should be given the opportunity to appeal the decision if they feel the decision was wrong or unjustified. Employees must make their grounds of appeal known to the employer in writing before the hearing. Grievance procedures should only be used when informal discussions have failed to reach a satisfactory conclusion. Like the disciplinary process, the employee has the right to be accompanied at the meeting with a fellow worker, a trade union representative or an official employed by a trade union.

Following the meeting, and after hearing the dispute from all the relevant persons involved, a decision should be taken by the employer on how to resolve the grievance and this should be communicated to the concerned employees in writing, setting out the actions that will be taken to resolve the issue. Dealing with disciplinary and grievance with an employee?

With our advice, you can be reassured that your processes will be legally compliant. The disciplinary grievance policy we provide will meet your specific needs. Investigations into staff misconduct A thorough investigation into any employee misconduct or a grievance allegation must be undertaken, unless the situation is irrefutable.

Where possible, the investigating officer should not be involved with any subsequent hearing. We can provide impartiality for smaller firms who do not have sufficient resources in-house. What happens during a Disciplinary Procedure? A disciplinary procedure should include: Investigation — It is crucial to have all the facts and details about the case before taking any further action. What are the steps of a Grievance Procedure?

Upon receiving a grievance letter from an employee, you should take the following steps. Can a grievance result in a disciplinary? What is the difference between a complaint and a grievance? What happens if a grievance cannot be resolved? Why do organisations need both grievance and disciplinary procedures? What are the different types of grievance in the workplace? There are many different types of grievances in the workplace. Some of the most common include: Bullying and harassment Discrimination Pay Work conditions Workload.

What are the benefits of disciplinary procedures? Should a grievance be heard before a disciplinary? What should I do after a grievance is filed? Want help with a problem employee? Full Name. Email address. Phone Number. Business Post Code. Your Query. Submitting your form, please wait Related services. Company policy production. Employment tribunal insurance. Looking for expert HR support? Let us know how we can help or ask about our free initial HR review.