GRIEVANCE AND DISCIPLINE HANDLING

The grievance procedure is very important to resolution of conflict, both at the individual and collective levels. It designed to help and encourage all employees to achieve and maintain standards of conduct, attendance and performance. The company’s rules and this procedure apply to all employees. The main aims of the Grievance Procedure to ensure consistent and fair treatment for all parties. The company’s have rules and regulations to be followed by the employees to run the business for long term. If there is no Grievance procedure of the organizations, no one can run the organization for a long term with a fair and equal treatment to every employee. The procedure also plays an important role in the resolution of a conflict at the workplace by different ways for instance according to one of the main principles of the grievance procedure that no employee will be dismissed at a first breach of Grievance procedure, except in the case of gross misconduct when the penalty will be dismissal without notice or payment in lieu of notice. Moreover, when someone at work knowingly breach a clearly mentioned rule of the company may have less to breach it because of company’s direct action of dismissal about the misconduct. Most of company’s have this principle that no disciplinary action will be taken against an employee until the case has been fully investigated which help in promoting confidence among employees. It also has a principle of right of appeal for the employee to state his or her case before any decision is made. A grievance procedure is very important to maintain the business environment on the way to progress and prosperity.

QUENCH Ltd.

GENERAL PRINCIPLES

The essential elements of any procedure for dealing with grievance and disciplinary issues are that they be rational and fair, that the basis for disciplinary action is clear, that the range of penalties that can be imposed is well defined and that an internal appeal mechanism is available. 

The following principles will apply to the application of this procedure: -

1. Procedures should be reviewed and up-dated periodically so that they are consistent with changed circumstances in the workplace, developments in employment legislation and case law, and good practice generally.

2. Wherever possible grievances should be resolved informally without recourse to formal procedures. It is expected that individuals will enter into the procedure in good faith, with the aim of resolving a particular issue. The grievance procedure should not be used as a substitute for normal day to day discussions.

3. Any steps taken under this procedure should be taken promptly, unless there is a good reason for delay.

4. If, on investigation, the grievance is found to be vexatious or trivial the Chief Excutive may dismiss it without further consideration. The employee will be advised accordingly.

5. All employees who are the subject of this procedure will have the right to be accompanied at any formal meetings held under this procedure by a trade union representative or work colleague.

6. All parties involved in these procedures must ensure that they maintain, as appropriate, the confidentiality of the process within and outside the company.

7. Timescales - Whilst every endeavor will be made to comply with timescales, due to the complexity and or specific circumstances of a case, timescales may be extended. In such circumstances the individuals concerned will be advised of the reasons for any delay.

8. Involvement of Human Resources - A member of the human resources team will be consulted and will advise on the formal process.

    

Disciplinary action may include: 

- An oral warning 

- A written warning

- A final written warning 

- Suspension without pay 

- Demotion 

- Some other appropriate disciplinary action short of dismissal

- Dismissal.

Below are the steps, which must be complied with when handling employee grievances and which must, as a minimum, be set out in the company grievance procedure:

A. Informal Procedure

1 Grievances can often be resolved quickly and informally through discussion with Chief Executive and there is an expectation that every effort will be made to resolve matters informally. Employees are therefore expected to raise any concerns or issues informally with their immediate Personal Manager / head of section (the Chief Executive).

2 Personal Manager will discuss an employee's concerns in confidence with him/her, make discreet investigations, as appropriate, and attempt to address his/her concerns fairly and promptly.

 

B. Formal Procedure

Stage One - Formal Resolution

If it is not possible to resolve a grievance informally, the employee should raise the matter formally, and without unreasonable delay, by putting his/her grievance in writing. The employee must set out the grievance in writing and send it to the employer. The Assistant personal manager will write to the employee acknowledging receipt of the grievance, normally within five working days. The Assistant personal manager will invite the employee to attend a formal grievance meeting in order to discuss the grievance. This meeting will normally take place within ten working days of the written acknowledgement. The out come of the meting must be communicated to the employee within 5 working days.

Stage Two-

If an employee not satisfied from stage 1 he need to inform personal manager and As a result of the initial grievance meeting, the personal manager may determine that it is necessary to make further enquiries and/or may appoint an investigating officer to conduct an impartial and thorough investigation into the background facts or into any allegations made by the employee. The results of the investigation will be provided to the personal manager in the form of an investigation report within 10 working days. The Personal manager will determine the outcome of the grievance. S/he may reject the grievance, or may uphold the complaint and indicate what steps have been/should be taken to resolve it. The manager will inform the individual, in writing, of the decision and the right of appeal normally within ten working days of receiving the investigation report or of the final grievance meeting/hearing. The employee will be given an explanation if this is not possible and will be advised when a response can be expected.

Stage Three - Appeal

If an employee remains aggrieved, s/he may write to the Director of HR within ten working days of the date of the decision under Stage 1, exercising his/her right of appeal. Appeals will be considered by the Chief Executive. And he will appoint an Appeal officer who will have had no prior involvement in the case. This procedure may, in the interest of natural justice. The decision may be given verbally at the appeal hearing and will in any event be conveyed or confirmed in writing within ten working days of the hearing. Any recommendations for further action will be clearly stated in the letter.

The decision following the appeal is final and there will be no further internal right of appeal.

The grievance procedure, which is used at the Wellbeloved District General Hospital, is fully related to A.C.A.S. recommendations. They have used the principles of A.C.A.S. as general principles. They have discussed their Grievance Procedure in four stages like A.C.A.S. 

In first stage the line manager of employee will arrange a meeting within three working days and the outcome of the meeting must communicated to the employee within three working days which is similar to A.C.A.S.

In stage two they are saying same rule of A.C.A.S., if employee is not satisfied an employee can raise the grievance in writing with the next most senior manager. The manager will arrange a meeting within five working days and he will also notify him within five working days.

In stage three the general manager will hear evidence from all parties and he will also communicate the outcome of the meeting in writing, to the employee which is also mentioned in A.C.A.S. procedure. 

And the final stage they have said about appeal but the procedure of A.C.A.S. they have said about appeal in stage three.

From the above discuss we can say that the grievance procedure of Wellbeloved District General Hospital is a very similar to A.C.A.S. recommendations.