1. CONTEXT.
This assignment is the part of Pgd program, which is submitted under the rules regulations of university to MR.Hashim Hirani In this assignment I searched on CIPD, means The Chartered Institute of Personnel and Development Company and I find material about grievances dismissals and disciplinary procedures in CIPD. This assignment is organised to cover Harvard referencing.
2. Why are disciplinary and grievance procedures necessary?
Disciplinary and grievance procedures provide a clear and transparent framework to deal with difficulties which may arise as part of their working relationship from either the employers or employees perspective.
They are necessary to ensure that everybody treated in the same way in similar circumstances,
To ensure issues are dealt with fairly and reasonably, that employers are compliant with current legislation and follow the Acas code of practice for handling disciplinary and grievance issues.
Disciplinary procedures are needed:
Grievance procedures are needed:
2.1 The legal position.
The statutory procedures for handling discipline and grievance issues introduced in October 2004 were widely, although the provisions were only in force for less than five years, the statutory dispute resolution procedures were repealed in their entirety with effect from 6 April 2009 when the provisions of the employment act 2008 were implemented.
From 6 April 2009 the important provisions governing discipline and grievances at work are to be found in:
Numerous other pieces of legislation cross refer to discipline and grievance issues:
2.2 Disciplinary policy and practice in CPID.
There are two type of disciplinary system may b used
Capability/performance and conduct
2.3 Capability/performance.
It is inevitable that at some stage all employers will encounter difficulties with the performance of their employees in the workplace. Many employers will have a specific capability procedure to deal with such matters. It is good practice and also more efficient that such issues are addressed informally, as and when they arise. Only when informal options have been exhausted and where there is no alternative should managers enter a more disciplinary or capability procedures.
Situation where an individual in unable to do their job because of ill health may also fall into this category. In these instances an employee should be dealt with sympathetically and offered support. However, unacceptable levels of absence could still result in the employer making the warning.
2.4 Conduct.
Employee misconduct could range from continued lateness, failure to follow a reasonable management instruction, abuse of the organization computer system or internet access, bullying behavior or creating a hostile work environment, through to theft, fighting, and any other criminal offences. The more grave offences may constitute gross misconduct.
2.5 Stage of the process.
If disciplinary action is to be taken, it should always have three terms.
There must always be a full and fair investigation.
2.6 Record keeping.
All records should be kept as this will be vital should a case be taken to an employment tribunal. The type of records may b meeting, emails, attendance notes, telephone calls, and post etc.
2.7 Handing disciplinary interviews.
All line managers should be trained and supported so that they are able to carry out disciplinary meetings with their team. The HR department should be able to assist them by providing a source of advice on preparing for and conducting the interview and relevant legislation.
The key points to consider are:
2.8 Potential outcomes.
2.9 No action.
After the meeting, the employer may decide that no action is necessary. If an employee was unclear about what was expected from them and they agree to try to resolve the issue via additional support or counseling.
2.10 Warnings.
Alternatively, the employer may decide to give the employee a warning. An organization's policy should outline exactly what warnings will be given, but the following are examples of warnings organization may use:
First written warning - 6 months
Final written warning - 1 year
2.11 Dismissal.
There are currently six potentially fair reasons for dismissal.
Employers need to be sure that any decision to dismiss an employee will be seen as reasonable by an employment tribunal. The employer must follow the ACAS code prior to any dismissal and also have been fair overall, by complying with internal procedures, treating employees consistently and carrying out a proper investigation.
2.12 Grievance policy and practice.
It is essential that grievances from employees are treated in the same fair manner and all line and senior manager must be familiar with their organisation grievance procedure.
There are a number of other factors to hear in mind when dealing with grievance concerning harassment.
2.13 Handling grievances informally.
Individuals should be encouraged to discuss ordinary, day to day issues informally with their line manager. This helps concerns to be heard and responded to as soon as possible.
Where this has been unsuccessful, or circumstances make route for the individuals, then matters should be raised formally through the grievance procedure.
2.14 Handling grievances formally.
Employees should also be aware about formal route as well, this including,
An employee should be given the right to be accompanied to grievance hearings by a colleague or trade union representative.
As in disciplinary matters, record keeping is important and the ACAS CODE should be followed.
2.15 CIPD VIEWPOINT.
Ensuring that people are treated fairly and enabling them to work in a non hostile environment are important factors in the creation of a productive working environment. The CIPD believes that where possible employers and employees should seek to resolve most matters that arise in the course of the working relationship informally. This kind of things makes easy to resolved minor concerns speedily without take any formal action. It also helps to reduce any personal embarrassment in discussing issues of concern.
Disciplinary and grievance procedures are essential when informal are ineffective, or where they are inappropriate given the nature of the issue arising. These procedures can also helps to prevent unnecessary staff turnover and absenteeism. And also helps to avoid costly and time consuming tribunal cases.
It is essential that those implementing these procedures have the necessary training and guidance to do so, in line not just with minimum legal obligation but also with that principle of fairness and natural justice that is why CIPD staff turnover very low and people raised most of time their issues informally
3 References.
