Grievance & Disciplinary Flashcards
(148 cards)
1
Q
What is a grievance in the context of employment law?
A
A grievance is a formal complaint raised by an employee regarding workplace issues such as working conditions, treatment by colleagues, or company policies.
2
Q
True or False: A grievance procedure is optional for employers.
A
False
3
Q
What is the primary purpose of a disciplinary policy?
A
The primary purpose of a disciplinary policy is to outline the procedures for addressing employee misconduct and ensuring fair treatment
4
Q
Fill in the blank: A grievance should be reported to a __________.
A
designated person or department
5
Q
What are common grounds for filing a grievance?
A
Common grounds include discrimination, harassment, violation of company policy, and unsafe working conditions.
6
Q
Multiple choice: Which of the following is NOT typically a step in a grievance procedure? A) Investigation B) Resolution C) Retaliation D) Appeal
A
C) Retaliation
7
Q
What is the role of a grievance officer?
A
A grievance officer is responsible for receiving, investigating, and resolving grievances raised by employees.
8
Q
True or False: Employees are protected from retaliation when they file a grievance.
A
True
9
Q
What qualifies for a disciplinary action?
A
conduct, for example, something you have done or not done.
Lack of capability/unable to do it well enough
10
Q
Fill in the blank: Disciplinary actions can include __________, suspension, or termination.
A
verbal warnings
11
Q
Multiple choice: What is the first step in a typical disciplinary process? A) Termination B) Verbal warning C) Written warning D) Investigation
A
B) Verbal warning
12
Q
What does ‘due process’ refer to in the context of disciplinary actions/unfair dismissal?
A
Employee is terminated without any formal process, without being given an opportunity to challenge the reasons for their dismissal, or without appropriate notice as required by their contract or statutory employment rights.
Employee could claim that they were not afforded due process as they were denied a fair opportunity to respond to allegations that might justify their dismissal.
13
Q
True or False: Employees can be dismissed without a disciplinary process.
A
True, but it must be for gross misconduct.
14
Q
What is the purpose of an appeal in the grievance process?
A
The purpose of an appeal is to allow employees to contest the outcome of their grievance if they are unsatisfied with the resolution.
15
Q
Fill in the blank: An effective grievance procedure should be __________ and accessible to all employees.
A
clear
16
Q
What is the significance of documentation in the grievance and disciplinary process?
A
Documentation is significant as it provides a record of the proceedings, decisions made, and justifications for actions taken.
17
Q
Multiple choice: Which of the following is a potential outcome of a grievance investigation? A) Dismissal B) Promotion C) No action D) Salary increase
A
C) No action
18
Q
What is ‘constructive dismissal’?
A
Constructive dismissal occurs when an employee resigns due to the employer creating a hostile work environment.
19
Q
True or False: Employees must follow the grievance procedure before taking legal action.
A
True
20
Q
What is a ‘final warning’ in disciplinary procedures?
A
A final warning is a serious disciplinary action that indicates further misconduct may lead to termination.
21
Q
Fill in the blank: Employers must ensure that disciplinary policies are __________ and consistently applied.
A
fair
22
Q
Multiple choice: Which of the following is a key principle of disciplinary action? A) Consistency B) Subjectivity C) Discrimination D) Randomness
A
A) Consistency
23
Q
What does ‘grievance mediation’ involve?
A
Grievance mediation involves a neutral third party helping to facilitate a resolution between the employee and employer.
24
Q
True or False: All grievances must be resolved within 30 days.
A
False, timelines can vary by organization.
25
What is the role of HR in the grievance and disciplinary process?
HR's role is to oversee the grievance and disciplinary processes, ensuring compliance with policies and legal standards.
26
Fill in the blank: Employees should be informed of their rights during the __________ process.
grievance
27
Multiple choice: What should an employee do first if they have a grievance? A) File a lawsuit B) Speak to their manager C) Go to HR D) Ignore it
B) Speak to their manager
28
What is the difference between a grievance and a complaint?
A grievance is a formal complaint regarding workplace issues, while a complaint may be informal and not necessarily follow a formal procedure.
29
True or False: A grievance process can help prevent future disputes.
True
30
What is 'progressive discipline'?
Progressive discipline is a method of addressing employee misconduct through increasingly severe penalties.
31
Fill in the blank: The final step in the grievance process is usually __________.
the appeal
32
Multiple choice: Which document often outlines the grievance and disciplinary policy? A) Employee Handbook B) Job Description C) Company Newsletter D) Performance Review
A) Employee Handbook
33
What is an informal resolution in the context of grievances?
An informal resolution is a discussion aimed at resolving a grievance without formal procedures.
34
True or False: Employers can bypass the grievance process in cases of gross misconduct.
True
35
What is the 'burden of proof' in a disciplinary hearing?
The burden of proof is the obligation to prove allegations made against an employee during a disciplinary process.
36
Fill in the blank: Employees have the right to be accompanied by a __________ during a grievance meeting.
colleague or union representative
37
Multiple choice: Which of the following is a potential consequence of not following grievance procedures? A) Legal action B) Promotion C) Praise D) Salary increase
A) Legal action
38
What does 'fair representation' mean in grievance procedures?
Fair representation means that employees are entitled to have their grievances heard and considered fairly and impartially.
39
True or False: Employees can withdraw their grievance at any time.
True
40
What is the purpose of a disciplinary hearing?
The purpose of a disciplinary hearing is to give the employee an opportunity to respond to the allegations against them.
41
Fill in the blank: The grievance process should be __________ to avoid misunderstandings.
transparent
42
Multiple choice: What is a common reason for employee grievances? A) Job satisfaction B) Work-life balance C) Unfair treatment D) Salary increase
C) Unfair treatment
43
What is 'employee representation' in grievance procedures?
Employee representation refers to the right of employees to have a representative, such as a union member, present during grievance meetings.
44
True or False: Disciplinary policies should be regularly reviewed and updated.
True
45
What is the significance of 'confidentiality' in the grievance process?
Confidentiality is important to protect the privacy of the parties involved and encourage employees to come forward.
46
Fill in the blank: A __________ is a detailed account of the grievance and the response from the employer.
grievance report
47
Multiple choice: Which of the following is NOT a type of disciplinary action? A) Warning B) Suspension C) Praise D) Termination
C) Praise
48
What is the purpose of a grievance procedure in UK employment law?
To provide a formal process for employees to raise concerns or complaints about their work environment or treatment.
49
True or False: Employees must follow the grievance procedure before taking legal action.
True
50
What is the first step an employee should take when they have a grievance?
Raise the grievance informally with their line manager or supervisor.
51
Fill in the blank: If the informal approach does not resolve the grievance, the employee should submit a formal __________.
grievance letter
52
What should a grievance letter include?
Details of the grievance, any supporting evidence, and the desired outcome.
53
Who typically investigates a formal grievance?
A manager or HR representative not involved in the grievance.
54
True or False: An employee can bring a colleague or union representative to grievance meetings.
True
55
What is the maximum time frame for an employer to respond to a formal grievance?
Usually within 5 working days.
56
What happens if the employee is not satisfied with the outcome of the grievance?
They can appeal the decision.
57
What is the role of the appeal panel in the grievance process?
To review the original grievance and the decision made, and provide a final decision.
58
True or False: Employees are entitled to receive written confirmation of the grievance outcome.
True
59
Short Answer: What is the importance of documentation in the grievance procedure?
Documentation provides a record of the grievance, the process followed, and the outcome.
60
What should an employee do if they feel their grievance was not handled properly?
They can escalate the issue to a higher level of management or external bodies.
61
Fill in the blank: An employee must raise their grievance within _________ of the incident occurring.
3 months
62
What is the significance of confidentiality in the grievance procedure?
To protect the privacy of all parties involved and encourage open communication.
63
True or False: Mediation can be a part of the grievance procedure.
True
64
What is the role of HR in the grievance procedure?
To provide guidance and support throughout the process, ensuring it is fair and compliant with policies.
65
What should be included in the appeal submission?
The reasons for the appeal and any new evidence.
66
Short Answer: Why is it important for employers to have a grievance procedure?
To ensure fair treatment of employees and to comply with legal obligations.
67
Fill in the blank: The grievance procedure must be outlined in the employee's __________.
contract or employee handbook
68
True or False: Employees can raise grievances anonymously.
False
69
What is the potential outcome of a grievance procedure?
Resolution of the issue, disciplinary action against a colleague, or changes to workplace policies.
70
How can an employee ensure their grievance is taken seriously?
By providing clear evidence and following the correct procedure.
71
What is the potential consequence for an employer failing to follow the grievance procedure?
Legal claims for unfair treatment or dismissal.
72
True or False: Employers can dismiss an employee for raising a grievance.
False
73
What should be done if an employee feels victimized after raising a grievance?
They should report the victimization to HR or a higher authority in the organization.
74
What is the primary legislation governing employment law in the UK?
The Employment Rights Act 1996.
75
True or False: Employment law in the UK only applies to full-time employees.
False.
76
Fill in the blank: The _______ test assesses whether an employee is entitled to statutory rights.
worker.
77
What are the main categories of workers under UK employment law?
Employees, workers, and self-employed.
78
True or False: An employee must have a written contract of employment.
False, but it is recommended.
79
What is the minimum notice period for terminating an employment contract after one month of employment?
One week.
80
Name one key factor in determining whether someone is an employee or a self-employed worker.
Control over work.
81
What does the Equality Act 2010 protect against?
Discrimination in the workplace.
82
Fill in the blank: The _______ test is used to determine if a dismissal was fair.
reasonableness.
83
What is the statutory minimum holiday entitlement for a full-time employee in the UK?
28 days.
84
True or False: All employees are entitled to sick pay.
False, only eligible employees receive Statutory Sick Pay.
85
What is the purpose of the ACAS Code of Practice?
To provide guidelines for handling workplace disputes.
86
What is the maximum compensation for unfair dismissal claims in the UK?
The lower of £89,493 or 52 weeks' pay.
87
Fill in the blank: The _______ test assesses the capability of an employee to perform their job.
capability.
88
What does the term 'constructive dismissal' mean?
When an employee resigns due to the employer's breach of contract.
89
What is the role of an Employment Tribunal?
To resolve disputes between employers and employees.
90
True or False: Employees have the right to request flexible working arrangements.
True.
91
What is the primary purpose of the National Minimum Wage Act 1998?
To set a minimum wage for workers in the UK.
92
What does the term 'whistleblowing' refer to in employment law?
Reporting wrongdoing or illegal activity in the workplace.
93
Fill in the blank: The _______ test is used to determine if a redundancy is genuine.
genuine redundancy.
94
What is the 'reasonable adjustments' duty under the Equality Act 2010?
To make changes to the workplace to accommodate disabled employees.
95
True or False: An employee can bring a claim for discrimination even if they are not employed at the time of the incident.
True.
96
What are the grounds for discrimination under the Equality Act 2010?
Age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex, and sexual orientation.
97
What is the maximum time limit for bringing a claim for discrimination in an Employment Tribunal?
Three months from the date of the incident.
98
Fill in the blank: The _______ test is used to evaluate if an employee's conduct justifies dismissal.
conduct.
99
What does 'equal pay' mean under UK law?
Men and women must receive equal pay for equal work.
100
True or False: An employee on maternity leave is entitled to the same benefits as if they were at work.
True.
101
What is the primary purpose of the Health and Safety at Work Act 1974?
To ensure health and safety in the workplace.
102
What does the term 'collective redundancy' refer to?
Dismissals of 20 or more employees within 90 days.
103
Fill in the blank: The _______ test assesses the fairness of a disciplinary procedure.
disciplinary.
104
What is the role of the Advisory, Conciliation and Arbitration Service (ACAS)?
To provide advice and support for resolving workplace disputes.
105
True or False: Employers are required to provide a written statement of employment particulars within two months of starting work.
True.
106
What is a 'protected characteristic' under the Equality Act 2010?
A characteristic that is protected from discrimination.
107
Name one type of unfair dismissal claim.
Dismissal for asserting a statutory right.
108
What is the purpose of the Employment Rights Act 1996?
To provide rights and protections for employees.
109
Fill in the blank: The _______ test is used to determine the appropriateness of a redundancy situation.
redundancy.
110
What is the significance of the case 'British Home Stores Ltd v Burchell'?
It established the test for fair dismissal.
111
True or False: Employees are entitled to time off for family emergencies.
True, under certain circumstances.
112
What does the term 'employment status' refer to?
The legal classification of a worker's relationship with an employer.
113
What is the role of the Employment Appeal Tribunal?
To hear appeals from Employment Tribunals.
114
Fill in the blank: The _______ test determines if an employer's reason for dismissal is valid.
fairness.
115
What is the purpose of the Trade Union and Labour Relations (Consolidation) Act 1992?
To regulate trade union activities and collective bargaining.
116
True or False: A redundancy must be for economic, technical, or organizational reasons.
True.
117
What is the right to request flexible working?
A legal right for employees to ask for changes to their working patterns.
118
Fill in the blank: An employee must be employed for at least _______ months to claim unfair dismissal.
12.
119
What is a grievance procedure?
A process for employees to raise concerns or complaints.
120
True or False: Employers can dismiss employees without any reason during their probation period.
False, they must still follow fair procedures.
121
What does the term 'reasonable adjustments' refer to?
Changes made to support disabled employees.
122
What is the role of the Equality and Human Rights Commission?
To promote and protect equality and human rights.
123
Fill in the blank: The _______ test is used to determine if a dismissal was for an automatically unfair reason.
automatically unfair.
124
What is the significance of the case 'Owen v. Amec Foster Wheeler'?
It clarified the law on whistleblowing protections.
125
True or False: Employees cannot be penalized for taking maternity leave.
True.
126
What are 'statutory rights' in employment law?
Rights granted by legislation to employees.
127
Fill in the blank: The _______ test evaluates the fairness of a redundancy selection process.
selection.
128
What is the purpose of the Employment Agency Standards Inspectorate?
To ensure compliance with employment agency regulations.
129
True or False: Employees have the right to join a trade union.
True.
130
What is the role of a trade union?
To represent and protect the interests of its members.
131
Fill in the blank: The _______ test assesses whether the employer acted reasonably in dismissing an employee.
reasonable.
132
What does the term 'retaliation' mean in employment law?
Punishing an employee for asserting their rights.
133
What is the maximum penalty for breaching the National Minimum Wage Act?
Up to £20,000 for repeated breaches.
134
True or False: Employees are entitled to a pension from their employer.
True, under auto-enrollment regulations.
135
What is the significance of the case 'Seldon v Clarkson Wright & Jakes'?
It addressed issues of age discrimination in the workplace.
136
Fill in the blank: The _______ test is used to determine if an employee's dismissal was related to their protected characteristic.
discrimination.
137
What is the role of the Health and Safety Executive (HSE)?
To enforce health and safety legislation in the workplace.
138
True or False: Employees can be dismissed for taking part in lawful industrial action.
False.
139
What is a zero-hours contract?
A contract where the employer does not guarantee any minimum hours of work.
140
Fill in the blank: The _______ test is applied when determining the fairness of a dismissal due to misconduct.
misconduct.
141
What is the significance of the case 'Barbulescu v Romania'?
It addressed privacy rights in the workplace.
142
What are the 4 stages of disciplinary action?
1. verbal warning
2, written warning
3.final written warning
4. dismissal
Gross misconduct can skip to step 4
143
Does co still need to investigate if employee admits misconduct?
Yes, to ensure:
Fair procedure
Ensure employers Treat all involved fairly
More serious the misconduct the more thorough the investigation as more serious consequences.
Conduct interviews of witnesses.
Carry out promptly
Inform in writing employee intent to raise investigation.
Reasonable time employee to prepare/answer to allegation
The Acas Code of Practice on disciplinary and grievance procedures is the minimum an organisation should follow.
144
What is employee wants to raise grievance at same time as disciplinary procedure?
If the employee raises a grievance during the disciplinary procedure, the employer can pause the disciplinary and deal with the grievance first.
Can deal with both at the same time if the grievance and disciplinary related.
145
2 things employment tribunal assesses re unfair dismissal claim?
The fairness of a dismissal on two fronts:
1. whether the dismissal is substantively fair (i.e. whether it was fair to dismiss for the reasons given) 2.whether the dismissal was procedurally fair.
146
What happens if employee fails to show for disciplinary hearing?
The Acas Code of Practice on Disciplinary and Grievance Procedures
“employers and employees (and their companions) should make every effort to attend the meeting”.
“where an employee is persistently unable or unwilling to attend a disciplinary meeting without good cause the employer should make a decision on the evidence available”.
If missed once should try and rearrange.
Multiple misses consider:
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Dealing with no shows to disciplinary meetings
Imagine the situation.
You have invited an employee to a disciplinary meeting. You have informed them of the date, time and place of the meeting and given them sufficient information about the alleged misconduct and possible consequences.
You have also given them copies of the evidence that will be discussed in the meeting and informed them of their right to be accompanied by a fellow colleague or a trade union representative.
You have done everything right, but for some reason, the employee doesn’t turn up to the meeting.
They may be sick, uncomfortable with the location, or simply delaying the process.
What should employers do?
The Acas Code of Practice on Disciplinary and Grievance Procedures clearly sets out that “employers and employees (and their companions) should make every effort to attend the meeting”. It goes on to say that “where an employee is persistently unable or unwilling to attend a disciplinary meeting without good cause the employer should make a decision on the evidence available”.
Therefore, if an employee fails to turn up to a disciplinary or grievance meeting, you should, in the first instance, try to rearrange the meeting for another time.
If they fail to attend for a second time, you should delve into the reasons why; for example, they may be too sick to attend. If this is the case, you should reschedule the meeting for when they are feeling better or, if it is a long-term absence, consider seeking medical evidence to ascertain when they would be well enough to attend the meeting or explore what adjustments could be made to help them attend.
You can also talk to the employee to work out appropriate dates and times and attempt to get confirmation from them that they will attend the rescheduled meeting. It’s worth reminding them that if they do not attend, a decision may need to be made in their absence.
The number of times you will need to rearrange the meeting will depend on the reasons for non-attendance and the circumstances of the case. For example, when deciding what is reasonable, you could consider the employee’s previous disciplinary record, their length of service, and how serious the disciplinary issue is.
Repeatedly fails to attend the meeting without good reason: give opportunity to make written representations,
and
may need to make a decision based on the evidence available to you. Again,
making the employee aware of this may encourage them to attend.
Once decision made and informed the employee, give them the chance to appeal the decision.
147
What happens in disciplinary meeting?
The employer should:
explain the employee's alleged misconduct or performance issue
go through the evidence
make sure someone takes notes
The employee should be given the chance to:
set out their case
answer any allegations
ask questions
show evidence
call relevant witnesses – giving them good notice
respond to any information given by witnesses
choose if their companion can speak for them at the hearing
148
What are the consequences of failing to follow disciplinary and grievance procedure as outlined in Acas Code of Practice?
Employee brings claim to employment tribunal - employer unreasonably failed to comply with the Acas Code of Practice, tribunal can increase the employee's compensation by up to 25%.
Employee can claim Breach of contract (county court/high court)
If an employer doesn't follow a contractual disciplinary policy,The employee can bring a claim for breach of contract in high court/ county court.
Constructive unfair dismissal
Employee breach of conduct claim
doesn't follow their own grievance procedure, the employee could submit a breach of conduct claim against the employer.
Other things to consider include:
Whether the procedure includes mediation as an optional stage
Separating people to manage each stage of the process
Having a clear written audit trail
