Taking someone with you is called the ‘right to be accompanied’. Under s.10 of the Employment Relations Act 1999, the companion must be permitted to address the hearing in order to put the worker's case, sum up the case and respond on the worker's behalf to any view expressed at the hearing. Employers will also be mindful of the negative impact that recording … Although the ACAS Code is not legally binding, an Employment Tribunal will take into account whether your employer adhered to the provisions of the Code. We start with the informal stages and initial investigation. Name (required) … Previous Article. The Code gives crucial guidance on carrying out a fair procedure for misconduct and poor performance. It may be that the hearing would need to be through a series of calls to allow the questioning of witnesses and to allow the companion and the employee in question to confer confidentially if that is what they want. The right to be accompanied arises when you invite your employee to attend a disciplinary or grievance hearing, and they make a reasonable request for a companion, of their choice, to attend the hearing. The Acas guidance suggests that your disciplinary process should follow the following format: A letter telling your employee the issue and inviting them to a disciplinary hearing. Employee relations opportunities on Personnel Today. Anne Sharp, Acas Chief Executive, said: "Our Code is designed to help employers, employees and their representatives deal with disciplinary and grievance situations in the workplace. Under the guidelines, a disciplinary hearing should be held as part of an employer’s fair and lawful procedure when handling and investigating a workplace disciplinary issue. During the coronavirus pandemic, procedures must also be carried out in a way that follows public health guidelines around social distancing and the closure or phased re-opening of certain workplaces. Yes, an employer can anonymise witness statements obtained during a grievance or disciplinary procedure. Clear, practical guidance on how to conduct workplace investigations and hearings. The Acas guide to discipline and grievances at work gives more information for employers about taking disciplinary action. The Acas code of practice on disciplinary and grievance procedures, which is taken into account in relevant tribunal proceedings, states that it would normally be appropriate to provide the employee with copies of any written evidence with the notification of the disciplinary hearing. Enacting key meetings, the day culminates in a ‘live’ hearing. If the employee does decide to appeal, you should try to hold the appeal hearing as soon as possible. Comment. Leave a Reply Click here to cancel reply. If your employer decides to take disciplinary action against you. The ACAS Code and Guidance advises that it is best practice to hear any grievance first, before proceeding to a disciplinary hearing/meeting. Although it is not formal legislation, employment tribunals are bound by law to follow to the authoritative advice given in the Code of Practice when qualifying a tribunal claim. Importantly, the person leading the hearing should be independent from the incident in question e.g. Unlike disciplinary hearings, the Code does not include any provisions that directly relate to the attendance of witnesses at grievance meetings. If you cannot find a suitable event return to training home page. Business need. 5. There is no specific legal timescale in which a disciplinary appeal hearing should be held. It is a statutory right to allow employees to be accompanied at a disciplinary hearing, and the ACAS code of practice reminds employers of this requirement. The Acas Code of Practice sets out principles for handling disciplinary and grievance matters in the workplace and states that procedures must always be fair and reasonable. They must also be permitted to confer with the worker during the hearing. The role of the disciplinary hearing. Next Article . The appeal should ideally be heard by someone senior to the original decision-maker and from a different reporting line. The Acas code provides that, where possible, different people should conduct the investigation and the hearing and then a further person for any appeal. Acas states there would be no reason for an employer to record a disciplinary hearing held via a video meeting, but it should comply with data protection law if it wishes to do so. Acas Disciplinary Hearings; Bullying and Harassment; Discrimination; Early Conciliation Service; Settlement Agreements; Being invited to a disciplinary hearing can be distressing. If an employee wants a work colleague to accompany them at a disciplinary hearing and/or be a witness in their defence, they should: What is the companion's role at a disciplinary or grievance hearing? Guidance on this issue is contained in the Discipline and Grievances at Work Guide which can be found on the Acas website. You can bring someone with you to a disciplinary meeting. However, while there is no legal requirement to disclose the identity of witnesses, failure to do so undermines the employee's right to challenge properly the evidence. if possible disciplinary action arises from an altercation between an employee and a manager, it would not be fair for that manager to make a decision … The ACAS Code of Practice sets out standards for employers to meet when managing disciplinary issues. 22 December 2020 09:30 - 12:30 Full: Managing discipline and grievance (England & Wales) - digital event During these unprecedented times, more people are working remotely. You employer should follow a written process, which explains the standards of fairness they'll follow in the disciplinary action. . However, para.26 of the Acas code of practice on disciplinary and grievance procedures provides that appeals should be heard without unreasonable delay, and ideally at an agreed time and place. Go to . Acas takes the view in its guidance that it is still possible for furloughed employees to take on various roles in disciplinary or grievance investigations or hearings, including if they are the person under investigation, chairing a hearing, acting as a witness or companion, or taking a note, provided that such participation is voluntary. A The Employment Relations Act 1999, section 13, defines a disciplinary hearing as one that could result in the administration of a formal warning, the taking of some other disciplinary action, such as suspension without pay, demotion or dismissal, or the confirmation of a warning or some other disciplinary action. A failure to consistently follow best practice guidelines can lead to a perception of … We can help you handle a disciplinary hearing at work effectively and spot potential legal claims, including when grievances are raised during a disciplinary procedure. Acas provides information, advice, training, conciliation and other services for employers and employees to help prevent or resolve workplace problems. The proper handling of discipline at work is central to good employment relations. A disciplinary hearing should be a two-way process and your employer is bound by the ACAS Code of Practice to ensure this. "It has been updated to take account of the EAT decision in the case of Toal v GB Oils on the right of accompaniment at disciplinary and grievance hearings. Join Acas as we guide you through the disciplinary process. Not allowing the employee to be accompanied at a disciplinary hearing. Contents … This is a meeting which can lead to disciplinary action. This is unlikely to apply to disciplinary and grievance hearings. The Acas Code of Practice sets out principles for handling disciplinary and grievance matters in the workplace and states that procedures must always be fair and reasonable. In addition, a covert recording may breach the employee’s right to private and family life under art.8 of the European Convention on Human Rights, unless the employer can explain why it was a proportionate way of achieving a legitimate aim. All Acas events on Discipline and grievance (digital) for all regions: Click on an event for more information and to book places. We also recommend having a full and detailed grievance procedure to guide and protect the business. All Acas events on Mock disciplinary hearing for all regions: Click on an event for more information and to book places. During the coronavirus pandemic, procedures must also be carried out in a way that follows public health guidelines around social distancing and the closure or phased re-opening of certain workplaces. An employer should highlight that the employee still has a right to be accompanied by a trade union rep or work colleague at any disciplinary hearings. Paragraph 26 of the Acas code of practice on disciplinary and grievance procedures explains that an employee should appeal if they believe that a disciplinary decision is wrong or unjust. No comments yet. The Acas Code of Practice on Disciplinary and Grievance Procedures provides essential guidelines for employment tribunals to follow during a disciplinary or grievance procedure. Disciplinary action could be: a first or final warning; suspension without pay; demotion; dismissal; Your employer only has to allow certain people to accompany you. We will facilitate discussion throughout the day, providing best practice advice, relevant case law and highlighting potential pitfalls. The ACAS Code of Practice on Discipline and Grievance Procedures recommends that your companion takes a full part in the proceedings. Alternatively, your employer may run both processes alongside each other, especially if the issues are interlinked. What constitutes an "unreasonable delay" will depend on the circumstances. In any disciplinary process, your employer has to follow the law, ACAS Code of Practice on Disciplinary and Grievance Procedures (the Code), and your employer’s own policies and procedures. Campbell v Mitie Managed Services Ltd (employment tribunal) Although it is a statutory right, the Acas code reminds employers of the requirement to allow the employee to be accompanied at a disciplinary hearing. They might use the Acas Code of Practice, or they might have their own procedure, which should be similar. Browse more Employee Relations jobs. The ACAS Code of Practice on Disciplinary and Grievance Procedures (the “ACAS Code”) requires the employee to state their full grounds of appeal in writing and specifies that any appeal should be heard without unreasonable delay. When dealing with requests to postpone a disciplinary hearing to accommodate the attendance of a worker’s companion, readers of the Code will wish to be aware of the Employment Appeal Tribunal judgement in the case of Talon Engineering Ltd v Smith. Consequently, employers must take a broad approach in allowing employees the right of appeal. Please see here for the Acas Code and Guidance. Should an employee bring a claim against their employer, the tribunal … Acas Helpline The Acas Helpline has further advice on disciplinary issues. www.acas.org.uk for more details. 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