Employers are obliged under the Employment Rights Act 1996 to state in writing their disciplinary procedure(s) and to make it/them available within eight weeks of an employee starting work. There is a similar obligation on employers to refer to any grievance procedure they have set up. The Employment Act 2002 lays down minimum requirements that will be 'read into' employees' contracts of employment regarding the right to a disciplinary procedure. From October 2004, the Act requires employers to:
(a) PUT IN WRITING any claims that could lead to 'dismissal or disciplinary action'
(b) arrange a hearing (to which the employee has a right to be accompanied by a colleague or trade union official); and
(c) assuming disciplinary action follows, advise the employee of the right of appeal.
There are similar stages required for a minimum grievance procedure:
(a) the employee must put their grievance in writing to the employer;
(b) the employer must set up a meeting to discuss the grievance;
(c) the employer must notify the employee of the result of the employer's deliberations of the matter; and
(d) the employee must be allowed an appeal following which the employer must advise the final decision.
The Bedfords
Grievance and Disciplinary Policy can be adapted to your needs and is:-
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valid for use in England and Wales
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Guidance Notes
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