How to … use the new Code of Practice on Disciplinary and Grievance Procedures Heidi Gibaut, Law At Work 5 March 2014

Outline of session A brief history Key changes to the Code of Practice on Disciplinary and Grievance (“D&G”) What are the Codes and the practical applications of the D&G Code Overview of the main principles to consider when terminating employment in light of the amended D&G Code

Brief History July 2005 November 2007 January 2012 February 2013 March 2013 September 2013 January 2014 April 2014

Key Differences User friendly Conduct and poor performance Concentrates on reasonable behaviour More emphasis on fair investigations More information on how to conduct a fair hearing

What are the Codes? A breach of the Codes is not a breach of the Employment Law, but: –“Where it appears to the Tribunal or a court that any provision of this code of practice is relevant to a question arising in any proceedings, then that provision must be taken into account in determining the question” (Art 2B, Employment (Jersey) Law 2003)

Practical Application Documents –Statement of employment terms –Gross misconduct list –Disciplinary policy/procedure –Grievance policy/procedure –Capability policy/procedure Considerations –Reasonableness –Fairness

Dealing Informally You can still have a ‘quiet word’ No need to follow any specific procedure Make a note, put it in the file

Dealing Formally (Disciplinary) Fair Investigation –Fact Finding –Open minded –Reasonable Invite to Hearing –Notice in writing –Allegations/Possible consequences –Paperwork

Dealing Formally (Disciplinary) Fair Hearing –Impartial –Agenda –Representation –Mitigation –Witnesses –Minutes Making a decision –Adjourn –Thought Process

Dealing Formally (Disciplinary) Potential Disciplinary Sanctions: –Warnings –Dismissal –Demotion –Reduction in Salary –Loss of Seniority The new codes allow for sanctions such as these, but they must be contractual (or agreed with the employee). Appeal

Dealing Formally (Grievance) Informal –Manager is first point of contact –Resolve at lowest possible level Formal –Clear and concise –What response is ‘wanted’ Hearing –Hear the complaint –Further investigation

Grievance Outcomes Adjourn grievance hearing. Do not give outcome there and then. If upheld, employer should decide on appropriate action: –Apology, reversing decision, agree changes, etc If rejected: –Clearly explained, together with basis for decision Offer appeal

The principles Behaving Reasonably –Must not be ‘heat of the moment’; –Undertake an investigation; –Fully informed of the grounds; –Employee puts his/her side of the story; –Considered with an open mind; –Proportionate and appropriate; and –Right of appeal

Case Study

Any Questions?

CIPD – HR Professional Map

Contact Heidi Gibaut Director Law At Work (Channel Islands) Limited Tel: Web: