What is the Discipline and Grievance Procedure If You Have a Problem at Work?

Many of us will experience a problem at work at some point in our careers. Problems can range from small and easily solvable issues, to big things like bullying, harassment, and misconduct. If something does go wrong, it’s a good idea to know where you can turn to for support and what the process will look like.

That’s where discipline and grievance procedures come in.

What Do We Mean By Discipline and Grievances at Work?

Discipline at work can be summed up as the things that happen in response to poor conduct. Poor conduct can range from issues with work quality, to relationships with coworkers and even issues like timekeeping and absenteeism. The disciplinary process is the set of steps the employer and employee must go through to when an employee’s conduct needs correcting.

A grievance, on the other hand, is when you have a problem with something that is happening at work. Issues like pay and benefits, bullying or harassment, workload, and work conditions are the most common reasons for grievances.

What Does a Disciplinary Process Look Like?

A disciplinary process will usually include several clearly defined steps. These might include investigation into the alleged misconduct or performance problem, providing additional support and training, verbal or written warnings, a performance improvement plan.

In some instances, the employee being investigated will be suspended from work until the disciplinary outcome is decided. They might also be placed on reduced duties or have some of their responsibilities removed. The employer must gather as much evidence and information about the alleged wrongdoing as they can.

Formal disciplinary processes will end with a disciplinary hearing. In the hearing, both sides will have the chance to speak and present evidence for their side of events. If you’re the person being investigated, you have the right to bring a colleague or trade union representative with you.

At the end, the employer will decide what happens next. They should inform the employee of the decision in writing within a reasonable timeframe.

What Does a Grievance Process Look Like?

Raising a grievance usually begins by putting your complaint in writing. You will then have a meeting with an appropriate representative from the company. You’re entitled to bring a colleague or, if you’re a member of a trade union, a union representative to this meeting. You might also try mediation, which involves an impartial third party helping you and your employer come to an agreement.

Your employer will let you know the outcome of the grievance process and, if you’re not satisfied, you can appeal it.

Many Issues Don’t Rise to Disciplinary or Grievance Level

The vast majority of workplace problems can be dealt with informally. Most employees will never go through a formal disciplinary or grievance process during the course of their working life.

If there’s a problem with your performance or conduct, a good manager will speak to you about it and give you the opportunity to correct the behaviour without needing to institute formal disciplinary procedures. Only if the problem persists will formal proceedings start.

Likewise, if you have a problem, you can often solve it by speaking to your manager or another relevant person about it. Grievance proceedings are for serious issues (such as harassment or whistleblowing,) and for issues that informal steps have failed to resolve.

Where Can I Find My Company’s Disciplinary and Grievance Processes?

Your company must have a disciplinary and grievance process in place by law. It should be laid out in writing somewhere that you can access. For example, you might find it in your employee handbook, intranet site, employment contract, or HR manual. If not, ask your manager for a copy.

Does a Disciplinary Process Mean I’ll Be Fired?

No, not necessarily!

The point of a disciplinary procedure is to get to the truth of what happened so that the employer can take appropriate action. The eventual outcome might be dismissal, but there are many other possibilities, too. You might receive an informal or formal warning, be moved to a role with less responsibility (“demotion,”) or be put on a plan to help you improve your performance.

Your employer might also find that you didn’t do anything wrong or that the matter is too minor to warrant further action. In other words, don’t assume that a disciplinary process means you’re going to lose your job.

In the case of serious misconduct (sometimes called “gross misconduct,”) which can include things like theft or physical violence, the offender can be dismissed instantly as long as the employer follows a proper process.

What If I’m Not Satisfied With the Outcome?

If you’re not happy with the outcome of a disciplinary or grievance procedure, you can appeal it. An appeal means your employer will look at the disciplinary issue or grievance again to make sure that the procedure was followed properly and that the outcome was fair.

There might be further meetings, mediation, or an appeal hearing, depending on the nature of the issue. At the end, your employer will write to you to notify you of their final decision. You can usually only appeal once but if you’re still not happy, there might be other routes available to you, including taking the case to an employment tribunal.

Takeaways

Disciplinary and grievance processes can be complex. In summary, here’s an overview of what you need to know:

  • A disciplinary process happens when there’s a (real or alleged) problem with your behaviour or performance at work.
  • A grievance process happens when you have a complaint about some aspect of your job or working life.
  • Most issues don’t rise to disciplinary or grievance level and can be sorted out informally.
  • Your employer must have a formal process and it should be available in writing somewhere that you can access.
  • A disciplinary process does not necessarily mean you’ll be fired.
  • You have the right to appeal the outcome of a disciplinary or grievance process.

If you have any questions about disciplinary and grievance procedures at your company, ask your manager, someone in HR, or your trade union representative.

 

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