Achieving Personal Effectiveness

Managing Grievances and Dismissal Effectively

Managing grievances and discipline requires a high degree of competence. Getting it right is more important than ever. Recent legislation and case law have conspired to make this whole area one of increasing complexity and risk for many employers. Line managers are key. HR professionals often provide the central consultancy support and need their line colleagues to manage the process proactively. How do your line managers shape up in this regard?

At JSB we have a great deal of experience of training line managers in how to prevent grievances and disciplinary matters arising – and how to deal with them effectively where the need arises. And, for their personal – and your corporate protection, how to avoid ending up before the Employment Tribunal.

The programme below, recently delivered to one of our In-company clients, is typical of what we can offer and what line managers find so helpful.

Managing Grievances and Discipline: 2-day Workshop*

*We also frequently design 1-day programmes for clients where time or budget is more strictly limited.

• To review the company’s disciplinary and grievance policies and procedures – and their application in the workplace and to understand the respective roles of the Line Manager and the HR Department
• To enable participants to demonstrate the key skills, knowledge and behaviours necessary for discharging the Line Manager’s responsibilities under the above mentioned procedures
• To gain practical experience of the key activities arising out of the policies, including: investigations, meetings, hearings and appeals
• To develop a basic understanding of the employment law context [statutory and case law], including the Dispute Resolution Regulations and the ACAS Code of Practice
• To be able to better prepare, plan and carry out an effective hearing into a disciplinary or grievance matter, demonstrating key skills, including questioning techniques, listening, objectivity and body language
• To understand the role of Employment Tribunals, their procedures and practice
• To be able to identify and distinguish correctly difference kinds of disciplinary matters, including those relating to conduct, capability and attendance/absence

Day 1

• Purpose, objectives, structure and workshop guidelines

Quiz Disciplinary and Grievance Procedures

• Exploring the need for disciplinary, grievance and appeals procedures
• What are the barriers and enablers to applying the Company’s Disciplinary and Grievance Procedures – syndicate work

Key Employment Legislation

• Statutory dismissal, disciplinary, grievance and appeals procedures
• When do the statutory procedures apply?
• Employment Simplification Bill – revision proposals
• Key legislation relating to conduct, capability, attendance and grievances
• The general legal principles - discipline, grievances and appeals
• Employment Rights Act 1996 and unfair dismissal
• Constructive unfair dismissal

Coffee

• Reasons for dismissal
• The concepts of fairness and reasonableness
• Fairness and procedures
• Discrimination issues
• Acas revised code on Discipline and Grievances
• Importance of following procedures in full
• Communicating rules and procedures effectively to employees
• The role of the contract of employment
• The need for clear and concise rules

Lunch

• Identification of appropriate courses of action – informal and formal approaches
• Identifying capability, conduct and gross misconduct
• The level of proof required
• Consistency
• What is a grievance?
• Informal and formal approaches
• Key legislation relating to grievances
• The purpose of suspension
• Carrying out a suspension
• Syndicate work – what should a good procedure include?

Tea

• Disciplinary and Grievance Procedures
• Other relevant procedures/policies
• Roles of the Line Manager and HR

Quiz

Preparing to address a serious disciplinary problem

• A framework to follow
• When to take action
• Drawing up a plan
• Syndicate work – creating a plan

Close of Day 1

Day 2

• Planning an investigation
• Investigating misconduct, poor performance and grievances
• Who should investigate?
• Skills required
• Preparation
• Key points to cover in investigations
• Syndicate work
• Assessing what is sufficient evidence
• Coming to a conclusion
• Options available
• Writing a report

Conducting Interviews – Practical Aspects

• Conducting witness interviews
• Note taking
• Confidentiality and anonymity
• Obtaining and drafting witness statements

Managing the Hearing

• Reviewing the investigation report
• Deciding what to do next – syndicate work and review
• Preparing for the hearing,
• The right to a companion
• The role of a companion
• Practical aspects of disciplinary and grievance hearings
• Adjournments and the decision making process
• Framework for making a decision
• Reaching a fair decision
• The standard of proof required and the band of reasonable responses
• When is it fair to dismiss an employee?
• Syndicate work

Coffee

• Role play
• Preparation
• Discussion and feedback following role play

Lunch

Appeal hearings

• The purpose of the appeal hearing
• New statutory procedures
• Who conducts the appeal hearing?
• Making the arrangements
• Conducting the appeal
• Reaching a final decision
• The options available
• Syndicate work

Tea

• Types of claims
• Compensation
• Employment Tribunal procedures
• Employment Tribunal hearings

Feedback session with HR

End of workshop