Importance of Grievance and Disciplinary policies and procedures for the employers. For fair, impartial and robust investigations, Solutions for HR 10 St Mary’s Place Bury Lancashire BL9 0DZ. This case requires very little experience or knowledge of disciplinary or grievance procedures, so it can also be used as a short introduction to the topic. You can unsubscribe at any time. 29 Understanding capability Since poor performance is generally not a conduct issue, many organisations treat it under a capability procedure. They are asked to change these statements into more objective ones, and to advise how the manager could improve her approach. In this activity, participants draw up a checklist to help a manager prepare for a hearing concerning a grievance about bullying behaviour. Put simply a grievance generally comes from an employee aimed at their employer, whilst a disciplinary comes from a employer aimed at their employee. It will help participants to realise that formal disciplinary action is not always appropriate and that, under the right circumstances, an informal approach can achieve better results. 19 A first-time disciplinary meeting An otherwise excellent worker, who is a poor timekeeper, fails to improve his punctuality, despite agreeing to do so. Stage 1 It can also be run as a role-play in which participants are asked to demonstrate the various appropriate skills and behaviours. The company were able to review the full suite of evidence supplied and take the appropriate steps to formally address the matter, with independent support and advice provided by Solutions for HR throughout. The trainer provides each group with a full set of cards containing the various stages of an interview. It can be linked with Case study 18, which explores the stages in the interview agenda. Stand-alone CD-ROM 27 Dealing with gross misconduct Gross misconduct is behaviour that is totally unacceptable and so serious that it justifies summary dismissal. Any decisions to suspend or dismiss etc must be taken by that specified manager. Printed Toolkit + CD-ROM. Recognising the sensitivities of the potential racial motives for the inappropriate behaviour, delicate questioning techniques facilitated the process, as naturally some employees were concerned that they would be seen as “blowing the whistle” which may lead to issues for others. 6 Effective grievance procedures Participants choose cards that enable them to draw a diagram to show the different stages of a grievance procedure. 28 Being objective Participants read a case study where a manager uses subjective comments and expresses personal opinions in a disciplinary interview. The point is made that disciplinary action should be based on fact, not on opinion, and must be concerned with behaviour, not an attack on an individual. We notified the employee of the arrangements of the appeal hearing, ensuring that the ACAS Code of Practice and associated Guidance on Disciplinary and Grievance matters was followed, and that there was compliance with the requirements for a fair appeal process set out in related case law. The cases stop at this point, so that participants can consider what might happen next. This activity needs very little introduction. A disciplinary procedure and grievance procedure permit employers to deal fairly and consistently with employee misconduct and complaints from employees about the workplace.. Grievance templates Your grievance rules and procedures should be set out in writing and follow the good practice principles set out in the Labour Relations Agency (LRA) Code of Practice on Disciplinary and Grievance Procedures . Following initial advice to the company to suspend the employee on full pay, Solutions for HR began a formal investigation into the concerns by interviewing the perpetrator, victim and witnesses. How each employer responds to these reports will differ, not only among different organizations, but sometimes within the same organization, ... •Take disciplinary … 24 Dealing with appeals This activity uses a scenario to illustrate the situation leading up to an appeal and includes an appeal letter and a notice of appeal meeting for participants to assess. When you are working with inexperienced participants, the checklist can be issued earlier in the activity, to help them to construct the letter. The manager carrying out the investigation and disciplinary proceedings sought advice from HR throughout the process. This is a simple activity, which can be run as a quick energiser. We provide a second case study around disciplinary suspension. It is a really good example of how essential it is to get disciplinary and grievance procedures absolutely right every time in order to comply with employment law and to succeed in Employment Tribunal hearings if the matter progresses that far. Participants are provided with cards containing statements, from which they have to choose those which contain useful information on effective disciplinary procedures. 22 Using specialist resources This activity illustrates different instances where the most appropriate action includes referral to an outside agency, which is better equipped than the manager to help the individual. Our involvement provided an impartial investigation for the client to enable management to pursue disciplinary proceedings internally. © 2021 Solutions for HR. The activity can also be run as a role-play between the manager and the rule breaker. This case highlights the importance of having written policies and procedures in place, especially in the areas of grievance and discipline. 16 Acting fairly This activity stresses the importance of using the disciplinary procedure in a positive way, to change behaviour rather than to punish an individual. The deteriorating relationship and the escalating allegations made in the grievances started to have a significant impact on other members of the care h… Discipline and Grievance: 30 case studies and activities covers the full range of issues relating to discipline and grievance, from informal and formal interviews and warnings to record keeping and appeals. A grievance handling case study example from Solutions for HR. Jenny was an Administrator in a large retail company dealing directly with customers on a daily basis. As a result, the company had relocated and all office-based staff except Board Members were now working in an open plan environment. Participants read a case study that describes three different behaviours, and they consider which actions might constitute gross misconduct. 23 What is a wipe-clean policy? Unfortunately, Derek had no HR tr… For example, on the grounds of personal hygiene, attitude, or capability for the job Studies Grievance Examples Case Of. 14 Dealing with serious cases Participants read a case study, and make brief notes on the different actions of the manager before identifying whether or not the employee has a case for appeal under the three-step statutory procedure. 12 Dealing with unacceptable behaviour Complaints from employees about unacceptable behaviour should be investigated as quickly as possible, and dealt with in a non-judgemental manner. The client is a textile manufacturer with a diverse portfolio of operations supplying to the automotive, furniture, bedding, civil engineering, aerospace and construction industries. The contents of the letters are discussed and developed, and any additionally required material is agreed. The outcomes of the meeting are described in the case, then participants are asked to write the letter outlining the disciplinary decision in this case, a written warning. Our client provides elderly, nursing and specialised care in a chain of residential homes across the Home Counties. This came to the attention of the Finance Director along with some ‘stories’ about the nature of what he … Getting it wrong can be costly. Sometimes this can be less than ideal it could be due to other work factors, it could be due to lack of skills or knowledge, it could be due to factors outside work. This case study looks at a situation in which allegations of serious misconduct have been made against two employees. Select a format Our client was a specialty food distributor with approximately 50 employees who had recently undergone a merger. The initial concerns related to events impacting on the effective running of the machinery, however suspicions were growing about why these events were happening, which included potential sabotage, racial abuse and victimisation towards a work colleague. They had received a grievance and counter-grievance between two managers working together in one care home but despite both informal and formal attempts internally to address the grievances and the underlying working relationship, everything failed. Sample 2: Grievance Letter to Employer. 13 Effective disciplinary procedures This straightforward activity requires participants to think about what should be included in an effective disciplinary procedure, and to separate good points from bad. In groups, they are then asked to identify the different types of question used within the dialogue, and to discuss the benefits of using each question type. Please do not include any personal details, for example email address or phone number. Solutions for HR supplied the evidence and witness statements to the client as part of a detailed investigation report, outlining recommendations for formal disciplinary action. Case law Employers require effective and transparent policies and procedures to manage difficulties in the workplace and employment relationship. For example, reference to an issue in an email may be treated as a complaint and be addressed through the grievance procedure. The client had received concerns from numerous employees relating to a colleague’s inappropriate behaviour on the shop floor. 15 Is disciplinary action necessary? Case study pack No. Whatever the reason, if the person responsible does not act immediately and appropriately the situation will deteriorate. 18 Setting the interview agenda In this activity, participants think about the stages of a disciplinary or grievance interview. Participants then compare how many of the key facts from each passage they were able to recall, and decide which method will help them to listen most actively. The principles involved in dealing with poor performance, and the procedures followed, are discussed and agreed. We cannot respond to questions sent through this form. Organisational and employee-related factors are considered, in order to help achieve this balance. Case Study Labour Relations: Grievances However, a week after the memo was sent out, the employer terminated an employee, Guillemot Garden, who was a participant in the campaign organizing, for failing to follow proper lifting procedures and lying when questioned about his actions. The grievance could be about anything in relation to the workplace. The aim of this case study is to give you an idea of the processes involved when performing a grievance … In this case, a compliance inspector was dismissed for misconduct related to his claims for expenses. The first case study states the result of Jennys appeal hearing, then participants are asked to write to her, confirming the result. A series of case studies from an in-depth support initiative for organisations seeking to improve performance: All Rights Reserved. Priya.S Priyanga Krishna Moorthy Rajesh Kumar.K Sajitha Farveen.S 1 2. He has responsibility for HR and appointed us as his advisers to support him in staying legally compliant. These are just a few examples of the types of incidents that can happen in the workplace. Participants are provided with relevant background information and the notice of the disciplinary meeting. This case study is based on real life events and on the actual approach taken by Jay Webb as the appointed independent HR professional. Case studies Take a look at our case studies, which demonstrate the depth and breadth of HR, Employment Law, and Health & Safety support we provide. It is a practical resource for all trainers and managers to use to develop  those who deal with discipline and grievance at work. 3 Setting up a disciplinary interview This case study illustrates the importance of preparation and planning for disciplinary interviews. Managers and team leaders are responsible for the performance and behaviour of themselves and their teams. If you’d like to ask us any questions, key contacts are included at the end of each case study. First, they have to listen, and then write down only what they can remember. Hi Derek, I've taken some very well known cases and created 'parts' for them. In this activity, participants read about the case of an employee who has been advised that he has a case for constructive dismissal. We did have an age discrimination act in the UK Grievance resolution process: listen carefully, acknowledge the grievance, gather facts, keep an open mind, investigate the cause of the grievance and take appropriate action. They consider the problems this can cause, and see the difficulties which can arise through the different values and beliefs held in a company. 7 Respecting confidentiality In this activity, participants compare and contrast the different approaches of two managers dealing with reported grievances. Solutions for HR ensured that a fair and robust investigation was carried out in line with the Acas Code of Practice. Importance of Grievance and Disciplinary policies and procedures for the employers. Topic of the week: Disciplinary suspension case study Employers should not impose periods of suspension during the disciplinary process unless it is absolutely necessary to do so. WordPress website developed as part of a. 25 Notification of the result of appeals This activity follows on from Case study 24 Dealing with appeals. Participants read the case study and then assess the accompanying paperwork and how appropriate it is for the situation. Participants help the manager decide what to do. Participants are asked to write the letter to the employee, and then check against a list of recommended points to include. We consider whether or not it is appropriate to impose periods of disciplinary suspension on them. 2 Active listening Participants, in pairs, read short scenarios to each other. Employers should have a disciplinary, grievance or dismissal policy which specifies the manager with the authority to hear the case. Disciplinary & Grievance Case Study. The initial concerns related to events impacting on the effective running of the machinery, however suspicions were growing about why these events were happening, which included potential sabotage, racial abuse and victimisation towards a work colleague. 21 Recording actions This activity uses a case study to illustrate what might happen if managers fail to keep accurate records of disciplinary discussions and actions taken. The case resulted in a summary dismissal. Derek wasn’t sure how to handle the situation as it seemed very petty to him. Solutions for HR ensured that a fair and robust investigation was carried out. In the first, the manager does not respond immediately whereas, in the second example, he does. 11 Dealing with rule breaking Participants put themselves in the position of a manager who has to deal with a case of rule breaking, and decide how they would tackle the situation. These grievance and disciplinary policies and procedures are comparatively more important for the employers as a fair and comprehensive disciplinary procedure is necessary to … 9 Whistle-blowing This case raises awareness that other procedures, such as a whistle-blowing procedure, may be cross-referenced to discipline and grievance procedures. What is a grievance procedure? Examples include drug abuse, alcohol abuse and stress-related illnesses or family guidance. 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