Disciplinary and Grievance Procedures and Investigations
In the modern era, it has never been more important to establish through appropriate policies and procedures effective and compliant disciplinary and grievance processes regardless of the size of business. This is because the ACAS Code of Practice in Discipline and Grievance Procedures is highly influential upon employment tribunals when decisions are being reached. Therefore, compliance with the code is imperative if damaging outcomes are to be avoided.
It is often not appreciated that in order for a dismissal to be lawful, not only must the reason be fair, but the process undertaken must also be fair, i.e 1 out of 2 is not good enough. It is this second element that employers frequently fall foul of. Not only must the disciplinary and/or grievance hearing and appeal be properly conducted, but prior to any hearings a proper investigation should be carried out that satisfies the requirements of what is frequently referred to as the "Burchell Test".