Disciplinary and grievance procedures: Guidance for managers

Imagine this. 

A member of your team is consistently behaving badly. You believe their conduct falls short of the standard expected by your organisation. 

Someone else on your team is performing poorly in their role and this is impacting on other members of your team and causing frustrations. 

Another team member tells you that they are being bullied by another member of staff.

Certainly, you’d be unlucky to experience all these issues at the same time but it’s useful to know that there are procedures to guide you on how to handle these different scenarios. The first two scenarios can be managed under a disciplinary procedure and the third one can be managed as a grievance.

It’s always worth considering if the matter can be solved informally, for example by a discussion with the team member or, in the final example, by mediation. But often it is necessary to use the relevant procedures and this guide is designed to advise you on how to use them to deal with such issues. It is always advisable to take HR advice before dealing with these type of issues to ensure you are clear about the company policy and the procedure to follow. 

The aim of the disciplinary process is to correct behaviours or performance and to ensure individuals have a clear understanding of the standards expected. Your handling of the situation could also make a big difference to how valued the rest of your team feel, knowing that issues are addressed and appropriately dealt with.

The guide deals first with disciplinary issues and then grievance handling. The Acas Code of Practice should be your first point of reference in handling a disciplinary situation and can be used alongside the ACAS guide 'Discipline and grievances at work' guidance. The ACAS Code of Practice is not legislation but there is an expectation that companies will comply with the Code. An employment tribunal would consider if the Code has been followed in an unfair dismissal claim and can award increased compensation if an employer has not followed it. Most organisations base their disciplinary and grievance procedures on the Code so following your company’s process should ensure you are compliant. However if you have any concerns you should discuss with HR.  

In any formal disciplinary or grievance situation, an employee under investigation has the legal right to be accompanied by a work colleague or trade union representative (regardless of whether your company recognises a trade union). Although this can be difficult if you are not experienced at dealing with trade unions, don’t view them as a threat – they have a legitimate role in the process.