Session 2 - Policies and Procedure

Question 1

What is the importance of having policies and procedures in place?

Answer 1

1. Prevent disputes from arising, and if they do arise, can help to resolve them without involving legal professionals.
2. Allow for consistency.
3. Ensures employers are compliant with current employment law.

Question 2

How do employers implement policies?

Answer 2

1. Make them contractual by incorporating them into employment contracts.
2. Can use them as additional guidance.

Once implemented - staff must be made aware of the policies through training.

Liberty Living plc v Reid [2011]

Question 3

What is the difference between disciplinary and grievance issues?

Answer 3

Disciplinary issues - with an employees work, conduct or absence.

Grievance issues - problems and concerns the employee has with the employer.

Question 4

What does s3 ERA 1996 state?

Answer 4

Employers are under a duty to provide their employees with details of any workplace disciplinary or grievance procedures and disciplinary rules.

Question 5

Key reasons for having a disciplinary policy

Answer 5

1. to ensure all employees are treated consistently and fairly if there are disciplinary issues
2. to communicate to employees what is considered to be acceptable behavior
3. to deal with situations where employees break the rules
4. to deal with situations where employees under perform

Question 6

Where is the definition of a disciplinary hearing found?

Answer 6

s13(4) EReA 1999

Question 7

Where is the definition of a grievance hearing found?

Answer 7

s13(5) EReA 1999

Question 8

What is the ACAS Code?

Answer 8

Provides guidance on disciplinary and grievance procedures and their content.

It is split into guidance on disciplinary and grievance matters.

Question 9

What are the 5 elements of fairness set out in the ACAS Code?

Answer 9

1. Matters should be raised and dealt with promptly
2. Parties should act consistently
3. Employers should carry out the necessary investigations to establish the facts
4. Employers should inform employees of the basis of the problem, and allow the employee to put forward his case
5. Employee should be allowed to be accompanied at any meeting

Question 10

What is the process for disciplinary matters established by the ACAS Code?

Answer 10

1. Establish the facts of the case
2. Inform the employee of the problem
3. Hold a meeting with the employee
4. Allow the employee to be accompanied
5. Decide on appropriate action
6. Provide the employee with a opportunity to appeal

Question 11

What was established in the Holmes v Qinetig Ltd [2016] case regarding the ACAS Code?

Answer 11

The Code only covers misconduct issues, poor performance, disciplinary warnings and grievances.

Question 12

What is the process for grievance matters established by the ACAS Code?

Answer 12

1. The employee should set out in writing the nature of the grievance
2. The employer should hold a meeting with the employee
3. The employer must allow the employee to be accompanied
4. The employer must decide on appropriate action
5. The employer must allow the employee to take the grievance further if the matter isn’t resolved.