If a business is to run efficiently, it must set and enforce appropriate standards of conduct and performance for its workforce and ensure that any grievances that employees may have about their employment are dealt with promptly and fairly. This section of the Guide covers the law and good practice on handling discipline and grievances with particular reference to the provisions of the Acas Code of Practice on discipline and grievance procedures.
Employees who are guilty of serious or persistent misconduct may end up being dismissed. This section therefore summarises the legal issues involved in dismissing an employee for misconduct. Readers may also wish to refer to other sections of the Guide, which deal in more detail with the legal framework relating to termination of employment (terminating employment) and unfair dismissal (unfair dismissal ).
In this section, the term 'misconduct' includes poor performance caused by an employee's lack of attention or application. Some employees, however, fail to meet the required standard of performance through illness or incapability rather than a lack of effort, making a disciplinary approach inappropriate. A discussion of the management of performance where the employee is not 'at fault', including the management of sickness absence, is found elsewhere in this Guide ( Managing performance ).
As well as discussing the general issues arising from the management of grievances (dealing with grievances) and the issue of use of social media, this section summarises the protection the law gives to workers who 'blow the whistle' on certain forms of wrongdoing ( Protection for 'whistleblowers' ) or who allege that their employer is not respecting their employment rights (asserting legal rights). It also outlines the protection that employees have from being unfairly treated or dismissed if they raise concerns about health and safety or take action in response to safety risks (health and safety concerns). It concludes with a description of the Bribery Act 2010 and its main implications.
The EHRC Code of practice on employment states that in order to avoid discrimination, where resources permit, employers are strongly advised to maintain proper written records of decisions taken in relation to individual workers and the reasons for these decisions. Keeping written records will help employers reflect on the decisions they are taking and thus help avoid discrimination. In addition, written records will be invaluable if an employer has to defend a claim in the employment tribunal.
The EEF has produced a Discipline and Grievance Toolkit. This provides additional guidance on this topic.
Related links
EEF Discipline and Grievance Toolkit