The Acas guidance suggests that your disciplinary process should follow the following format: A letter telling your employee the issue and inviting them to a disciplinary hearing. Importantly, the person leading the hearing should be independent from the incident in question e.g. No comments yet. Should an employee bring a claim against their employer, the tribunal … What is the companion's role at a disciplinary or grievance hearing? Under the guidelines, a disciplinary hearing should be held as part of an employer’s fair and lawful procedure when handling and investigating a workplace disciplinary issue. 22 December 2020 09:30 - 12:30 Full: Managing discipline and grievance (England & Wales) - digital event During these unprecedented times, more people are working remotely. Employers will also be mindful of the negative impact that recording … They must also be permitted to confer with the worker during the hearing. During the coronavirus pandemic, procedures must also be carried out in a way that follows public health guidelines around social distancing and the closure or phased re-opening of certain workplaces. The Acas code of practice on disciplinary and grievance procedures, which is taken into account in relevant tribunal proceedings, states that it would normally be appropriate to provide the employee with copies of any written evidence with the notification of the disciplinary hearing. Under s.10 of the Employment Relations Act 1999, the companion must be permitted to address the hearing in order to put the worker's case, sum up the case and respond on the worker's behalf to any view expressed at the hearing. In addition, a covert recording may breach the employee’s right to private and family life under art.8 of the European Convention on Human Rights, unless the employer can explain why it was a proportionate way of achieving a legitimate aim. The role of the disciplinary hearing. Leave a Reply Click here to cancel reply. If you cannot find a suitable event return to training home page. An employer should highlight that the employee still has a right to be accompanied by a trade union rep or work colleague at any disciplinary hearings. 5. There is a risk that the hearing could result in dismissal, a formal warning that your performance or conduct must improve, or some other kind of contractual sanction being taken. This is a meeting which can lead to disciplinary action. We can help you handle a disciplinary hearing at work effectively and spot potential legal claims, including when grievances are raised during a disciplinary procedure. The Acas Code of Practice on Disciplinary and Grievance Procedures provides essential guidelines for employment tribunals to follow during a disciplinary or grievance procedure. The Acas code provides that, where possible, different people should conduct the investigation and the hearing and then a further person for any appeal. The Acas Code of Practice on Disciplinary and Grievance Procedures is an essential read for any business owner, manager or HR professional dealing with disciplinary hearings. Name (required) … www.acas.org.uk for more details. In any disciplinary process, your employer has to follow the law, ACAS Code of Practice on Disciplinary and Grievance Procedures (the Code), and your employer’s own policies and procedures. We also recommend having a full and detailed grievance procedure to guide and protect the business. The Code gives crucial guidance on carrying out a fair procedure for misconduct and poor performance. The appeal should ideally be heard by someone senior to the original decision-maker and from a different reporting line. The Acas guide to discipline and grievances at work gives more information for employers about taking disciplinary action. We will facilitate discussion throughout the day, providing best practice advice, relevant case law and highlighting potential pitfalls. Please see here for the Acas Code and Guidance. Previous Article. Acas provides information, advice, training, conciliation and other services for employers and employees to help prevent or resolve workplace problems. Although the ACAS Code is not legally binding, an Employment Tribunal will take into account whether your employer adhered to the provisions of the Code. It may be that the hearing would need to be through a series of calls to allow the questioning of witnesses and to allow the companion and the employee in question to confer confidentially if that is what they want. This is unlikely to apply to disciplinary and grievance hearings. Acas Helpline The Acas Helpline has further advice on disciplinary issues. During the coronavirus pandemic, procedures must also be carried out in a way that follows public health guidelines around social distancing and the closure or phased re-opening of certain workplaces. 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