Grievance procedure

In the first instance we are going to discuss the purpose of the grievance procedure. We all recognise it is not possible that everything will be perfect all the time, and things do go wrong. It could be simple administrative things like incorrect pay or overtime missed, or holiday pay not being paid, or someone not getting the holidays they have requested. These usually are not contentious issues, but still are important to employees, as it means something has happened whereby an employee is not happy.

What should an employee do in these circumstances? A company should have a grievance procedure which contains a number of stages. Employees are encouraged, in the first instance, to go to their immediate supervisor/manager and bring it to their attention. For example, let’s say that it’s that they weren’t granted holidays they had requested. That employee should go to their supervisor and indicate to them that they are not happy with the decision and would like the supervisor to rethink it. The supervisor may decide, on reflection, that they can accommodate the person, or it may well be that there was a very valid reason why the holiday was denied, such as other people were away at the same time. These types of issues should be dealt with as quickly as possible, as grievances are personal issues and can become more difficult if there is not a timely response. If the employee is still unhappy with the decision, they should then go to the next person in the reporting line. A supervisor should not take it personally if the matter is taken further, as this is normal best practice.

It would also not be uncommon for a procedure to say a person may be accompanied by a work colleague or representative at the next second stage. Again, the issue would be discussed between the manager and the employee concerned, and a decision made. The decision may be changed, and the employee is granted the holidays or, explained again why the holiday was denied.

In some organisations it may well be that there is a third stage, thus allowing the matter to go to a more senior person, and then the same process should take place. This normally is the final stage within a company, and if an employee is still unhappy, some procedures allow the matter to be referred to the WRC under the Industrial Relations Acts. This process allows both parties to have a full understanding of the circumstances and why the decision was made.

This process may seem cumbersome but ensures that there is a process in dealing with issues. If there was no process, issues would not be dealt with in a consistent manner, which is always essential. Notes would often be kept of these meetings, and the employee would be entitled to a copy of these notes and any correspondence which may arise from the grievance.

Disciplinary process

Employers are also required to have a disciplinary process. The process is designed to ensure the employee knows how the employer will discipline them, and their rights during that process.

The law requires that a process is transparent, and a person involved in investigating the matter should not be involved in making a decision as to what action, if any, is taken.

The fundamental principle of a disciplinary procedure is that it will allow the employee to know where they are in the process, and, more importantly, the consequence of any further disciplinary action that might arise whilst a disciplinary sanction is in place.

Again, it is important that employees are made aware of all allegations being made against them, in advance of any meeting with the employer, so they can attend the meeting prepared. Employees should be afforded the opportunity of having a work colleague or representative with them at any disciplinary meeting. This person acts as a witness to what takes place, and can make representations on behalf of the employee, if appropriate.

Again, it is important the employer ensures no person is involved in two stages of the process. Each manager who is dealing with a disciplinary matter should be allowed the opportunity to independently consider the facts, and should not discuss the case prior to their involvement. If it has been found that there have been discussions regarding a case, prior to a manger’s involvement, that manager has been deemed to be prejudiced and any action arising from that hearing may be dismissed as not applicable.

Disciplinary procedures will consist of four/five stages of warnings before the final stage of termination of employment. Warnings usually are in place for at least one year, except the stage one warning, which is commonly known as a verbal warning, which is often in place for six to nine months. Employers may retain records of warnings, but the warning will only have a lifetime which will be identified in any correspondence, and, once completed, the employee will not automatically move to the next stage, but may well start again.

However, employees should note an employer may decide that although the warnings are out of time, behaviour of the employee is such that the employer may skip a number of stages in the disciplinary process. This will happen relating to what is seen as more serious misconduct, where an employer may decide to move to a higher stage, even if the employee has had no previous warnings. Employers also have the right to dismiss an employee, without notice, and without any previous history of disciplinary action, in circumstances that are commonly referred to as gross misconduct. Gross misconduct is very serious conduct that is regarded as so serious that the employment relationship has been fundamentally damaged, and the employer has decided they cannot continue to employ this person. In such circumstances the employer may dismiss them without giving them any notice, which they are due under legislation.

It is important that notes of all meetings are kept, and details of any statements made by any persons are shared with the person against whom the allegations have been made. Such statements that are going to be considered should be shared in advance of any disciplinary meeting, or if a statement arises during the course of a disciplinary process, then as soon as that is available. This allows the employee the opportunity to respond to that statement. Therefore, it is important that employers assure that any person who is giving a statement is aware that this statement will be noted and given to another employee to comment on.

The disciplinary process is there to try and encourage people to conform to the normal rules and procedures that are applicable in the workplace. Like in any organisation, it is imperative that people follow rules and procedures, otherwise this can only result in chaos and unfair and inconsistent treatment of people, which is not acceptable.

Finally, under disciplinary procedures there will always be the provision that any decision reached can be appealed. The appeal does not stop the sanction being implemented at that time, but if the appeal is successful, the sanction can be lifted or deleted. This includes the termination of employment.

Conclusion

Whilst these processes may sometimes appear to be long, they are essential to ensure orderly conduct in the workplace, and also fair procedures, so that all matters are considered openly, fairly and decisions are made based on facts that are known to everybody. These procedures can be found in the employees’ statement of terms of employment or in many cases in a policies document, which might be available to all staff within a handbook issued by the company.