Independent Arbitrator To Support Employee Issues 

Managing a disciplinary and grievance can be both stressful and daunting. procedures in place. As well as being a requirement of the law, they serve to protect both employers and employees should either the need for disciplinary action or a grievance arise. Not following correct protocol could be costly and may lead to an unfair dismissal claim, with the potential compensation pay-out.

HR expert state some important facts on their website: "Be aware of the different situations in which an employee who is subject to the disciplinary procedure may raise a grievance". "Appreciate that the key issue is likely to be whether or not you handle the disciplinary issue fairly, taking into account the nature of the employee's grievance and the way it is dealt with". "Note that there is no legal requirement to postpone a disciplinary process in order to deal with a grievance raised by the employee".

As HR Practitioners, we can support the total process with knowledge of HR Legislation, and practical experience having undertaken many cases ourselves over the course of our careers. 

Providing effective case management for disciplinaries, performance management, employment tribunals, grievance and absence management

  • We providing an opportunity to discuss a situation, provide guidance, whether performance, conduct or attendance.
  • Supply you with a full written process, scripts, letters and documentation.
  • Our services are compliant to ACAS and legal standards.
  • We can perform any HR investigation that's needed, including working with your Managers to identify the issue.
  • We will support you as independent arbitrators during any conduct disciplinary hearing you have. 
  • Provide support and training to Managers who may need to attend any disciplinaries. 
  • Complete disciplinary reports or help with scripting replies to grievances.
  • If required, upload outcomes back into HRMS systems or provide complete hard records.
  • We are independent and this can be useful if the grievance is against a senior team member.
  • We can also visit staff at home, and liaise with Occupational Health teams as necessary.
  • Work with your unions and staff representatives to ensure a positive and fair outcome.
  • Manage reporting requirements for Tribunals and work with ACAS as required.

We will help you determine the best route to take whether disciplinary or grievance. Each individual grievance should be dealt with professionally including following a structure and rules if formal or informal. The process needs to be handled with care but also within the policy rules, but also handled using solid HR judgment. A member of staff may be offended by a comment given by someone else in the workplace and by addressing the situation quickly by speaking to the employee in question, may resolve it. If the staff issue is discrimination or harassment, treating it as a formal grievance is more appropriate.

DISCIPLINARY AND GRIEVANCE SERVICES. On all boards you will need a designated chairperson. If the need for a formal grievance procedure arises, an appropriate chairperson will need to oversee the meeting and we can be this person for you. Sometimes an individual’s line manager will chair it and this maybe totally inappropriate if the subject is of a sensitive nature, or the complaint is about the manager. We do recommend that you create a senior member pool to deal with these matters and also provide an escalation route. 

Confidentiality throughout the process is of the upmost of importance. Employees concerned and those who serve as witnesses should be made aware that they are not permitted to discuss the issue with anyone else. Investigation are fact-finding exercise are it is critical to collate all relevant information relating to the grievance or disciplinary. This stage is essential to establish the facts. Interviews with witnesses may be required, in which notes should be taken. Other steps such as reviewing CCTV, computer or phone records may also be required. Hold a grievance meeting. It is important that a meeting is held as soon as possible, after the issue has been raised. It may be necessary to adjourn it until further investigations are carried out.

The right to be accompanied is important to employees. Employees should be made aware that they have the right to be accompanied at both disciplinary and grievance meetings. Often this is a trade union representative or a work colleague of the employee’s choice. When reaching a decision the panel should carefully consider all information and arrive at a fair and reasonable outcome. The employee should be made aware of the decision taken in writing. So, in the case of a disciplinary process they should be advised if a warning is being issued, what level, the duration of the warning and the improvement expected. In the case of a grievance process, the employee should be informed of the outcome of their complaints and what action will be taken to resolve the matter. In either case, the employee should also be made aware that they have the right to appeal. Appeals if possible, should be chaired by someone who is more senior to the person who chaired the previous meeting, and who has not been involved in the process so far, and therefore deemed impartial. Again, employees have the right to be accompanied. We can support you throughout this process.