The difference between a disciplinary and grievance procedure is in the issue they are each addressing. A grievance procedure deals with a complaint, problem or concern from a member of staff with regard to their workplace.
On the other hand, a disciplinary procedure addresses employee performance. If a member of staff has failed to carry out their job appropriately and have failed to improve unacceptable behaviour or performance, they can face disciplinary action by their employer. Put simply a grievance generally comes from an employee aimed at their employer, whilst a disciplinary comes from an employer aimed at their employee.
What is a grievance procedure?
A grievance is a concern, problem or complaint that a member of staff raises. The grievance could be about anything in relation to the workplace. It could be about another member of staff, management, working conditions, workloads. There are no limitations on what a grievance could be about.
Encouraging staff to be open and honest and comfortable about raising concerns will promote and healthy and happy work environment. As such managers should be trained to listen, engage and respond appropriately. Resolving issues early prevents concerns and problems from spiralling out of control and becoming serious. However, in some cases, the issue may be too big to solve in this way and then a grievance procedure is necessary.
Grievance steps
Grievance Policy and procedure gives both employers and employees clear guidelines and instructions for what happens at a grievance procedure. This must include the following steps:
1. A letter from the employee: This letter should include details of the grievance.
2. A meeting: Firstly the manager must set up a meeting to discuss the grievance. Importantly, all parties must agree on a reasonable time and place and attend the meeting. Normally the meeting will involve going through the indues raised giving everyone the opportunity to comment. Ideally, the meeting will establish facts and explore ways to resolve the problem.
3. A decision: Clearly made with actions if necessary, within an acceptable, agreed timescale.
4. Appeal: Employees have the right to appeal if they are not satisfied with the decision.
What is a Disciplinary Procedure?
Like the grievance procedure, a disciplinary procedure will follow a pattern of steps. They are:
1. Verbal warning: A meeting should be arranged by the manager to give a verbal warning. The employee may bring a colleague or union representative. The meeting should involve a discussion of the problem and an opportunity for the employee to respond and explain their actions.
2. Written warning: Importantly the written warning should clearly set out the problem, suggest solutions and advise of the consequences (including dismissal) if no improvement is made within the 3 months.
3. Final warning: If the agreed improvement is not made a final warning should be sent.
4. Dismissal: If improvement still does not take place, dismissal is the only remaining option. This should take place at a meeting. Management should invite the employee and their representative if they have one.
Gross or serious misconduct
In this instance, management is able to go straight to stage 4 or 5.
Who is responsible for dealing with Disciplinary and Grievance procedures?
Managers and HR are responsible for providing information and handling discipline and grievance issues. All businesses and companies must have an up to date grievance policy and procedure in place. This could be found in:
- A company handbook
- Human Resources manual
- HR Internet site
- Employment contract
DCM's Disciplinary and Grievance Training
Knowing how to apply the law effectively to grievance, discipline or dismissal situations is essential for HR professionals. The Grievance, Discipline and Dismissals course provides a thorough review of the legal issues to be aware of when resolving disputes in the workplace and will help you manage problem situations effectively and according to best practice.
This course is aimed at HR practitioners responsible for employment law issues within their organisation. No prior knowledge of the law relating to grievance, discipline or dismissals is required.
If you have any questions about this course, please feel free to contact one of our team today.
Source: Engage in Learning
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