YOUR QUESTIONS ANSWERED
FAQs
YOUR QUESTIONS ANSWERED
FAQs
ABOUT OUR FAQs
Looking for answers to key questions centered around Disciplinary, Grievance, Absence Management or Performance Management and Capability? I’ve compiled my most frequent questions asked by clients below.
Can’t see your question in the list? Don’t worry, click below and I’ll provide you the assistance you need.
ABOUT OUR FAQs
Looking for answers to key questions centered around Disciplinary, Grievance, Absence Management or Performance Management and Capability? I’ve compiled my most frequent questions asked by clients below.
Can’t see your question in the list? Don’t worry, click below and I’ll provide you the assistance you need.
ABOUT OUR FAQs
Looking for answers to key questions centered around Disciplinary, Grievance, Absence Management or Performance Management and Capability? I’ve compiled my most frequent questions asked by clients below.
Can’t see your question in the list? Don’t worry, click below and I’ll provide you the assistance you need.
YOUR QUESTIONS ANSWERED
I try my best to keep this list as up-to-date as possible. Should you not find the answers you need or if you require further assistance, get in touch with me here.
Can I instantly dismiss my employee?
With gross misconduct, you can dismiss the employee immediately as long as you have followed a fair procedure. Gross misconduct can include things like theft, physical violence, gross negligence or serious insubordination.
Need help dismissing an employee? Get in touch with us here.
What is a fair dismisal?
You must have a valid reason for wanting to dismiss your employee. These reasons include their conduct or capability, if you are making them redundant or something that prevents them from legally being able to do their job (a driver losing their driving licence). There could be other fair reasons too often called ‘other substantial reasons’ or SOSR.
It is important to remember that even if you have a fair reason to dismiss the employee, the dismissal is only fair if you act reasonably during the dismissal and disciplinary process. There is no legal definition of ‘reasonableness’ but a tribunal would consider:
- Genuinely believed that the reason was fair
- Carried out proper investigations where appropriate
- Followed the relevant procedures
- Told the employee why they were being considered for dismissal and listened to their views (in Northern Ireland, the employer must do this in writing)
- Allowed the employee to be accompanied at disciplinary or dismissal hearings
- Gave the employee the chance to appeal
Need help in dismissing an employee? Get in touch with us here.
What is an unfair dismissal?
An employee can make a claim of unfair dismissal against you if they believe that the reason given for their dismissal was not the real one, the reason was unfair, or if they think you acted unreasonably which could include not giving then plenty warning about their dismissal.
Need help in dismissing an employee? Get in touch with us here.
What are the different types of dismissal?
Dismissal is when you end an employee’s contract. When you are dismissing employees, you must do it fairly. The different types of dismissal are fair dismissal, unfair dismissal, constructive dismissal and wrongful dismissal.
Need help in dismissing an employee? Get in touch with us here.
What is constructive dismissal?
This is when an employee resigns because you as the employer have breached their employment contract. This could be a single serious event or a series of less serious events. An employee could claim constructive dismissal if you:
- Cut their wages without agreement
- Unlawfully demote them
- Allow them to be harassed, bullied or discriminated against
- Unfairly increase their workload
- Change the location of their workplace at short notice
- Make them work in dangerous conditions
However, a constructive dismissal is not necessarily unfair – but it would be difficult for you to show that a breach of contract was fair.
Need help in dismissing an employee? Get in touch with us here.
What is wrongful dismissal?
This is where you break the terms of an employee’s contract in the dismissal process, for example dismissing someone without giving them notice.
Need help in dismissing an employee? Get in touch with us here.
What is Summary Dismissal?
Summary dismissal is when you dismiss an employee instantly without notice pay or pay in lieu of notice, this is usually because the employee has committed an act of gross misconduct.
Need help in dismissing an employee? Get in touch with us here.
Do I have to pay an employee if they have been suspended?
An employer is only able to suspend their employee without pay it is states this in their contract of employment. If this is not stated in the contract of employment, then when suspending an employee this should be on full pay.
Need help in suspending an employee? Get in touch with us here.
Can an employee bring a family member as their representative/companion to a disciplinary meeting?
The employee by law, has the right to take a companion with them to a disciplinary meeting. The companion can either be someone they work with, a workplace trade union representative who is certified by their union to act as a companion or an official employed be a trade union.
However, it is important to remember that employers must make reasonable adjustments for disabled employees. This is covered under discrimination law. This might mean that you allow someone else to attend for example a support worker or someone with knowledge of the disability and its effects.
You can, but do not have to, allow companions who do not fall within the above categories.
If you have any questions about companions and who can and can’t be a companion, please get in touch here.
What is the difference between conduct and capability?
Conduct is concerns with your employee’s behaviour when carrying out their job. In that they have the required skills to do their job but are unwilling to do it. This is usually delt with under the disciplinary process.
Capability concerns you employee’s ability to do their job. Your employee has no control over their poor performance. This is usually dealt with under the capability process.
Ask yourself is the concern a will (can do but won’t) or a skill (will do it but can’t) issue
Got concerns with your employee? Get in touch with us here.
My employee has gone sick for the disciplinary meeting, what can I do?
If your employee is absent or off sick for the disciplinary hearing, then pause the disciplinary procedure until they return to work.
My employee has a fit note and cannot attend the scheduled disciplinary what do I do?
You have scheduled the disciplinary hearing but then you receive a doctor’s certificate from the employee where they have been signed off work for an extended period. It is recommended that you look to make other arrangements. This could be having the meeting somewhere else if they are worried about attending their regular place of work for example.
If the employee still refuses to or cannot meet, the employer will need to look at the case and come to a reasonable decision.
The employer could look at:
- Any rules their organisation has for dealing with failure to attend disciplinary hearings
- How their organisation dealt with similar cases in the past
- The seriousness of the disciplinary issue
- The employee’s disciplinary record, general work record, work experience, position and length of service
- Getting a medical opinion on whether the employee is fit to attend the hearing (with the employee’s permission)
If the employer reaches a decision, they should tell the employee in writing and tell them of their right of appeal.
My employee wants to raise a grievance. What should I do?
If an employee has a problem at work, it is usually a good idea to ask them to raise this informally first. You should respond to them even if the problems have been raised informally.
What is a grievance?
A grievance could be a concern, problem or complaint that employees raise with their employers.
Why does an employee raise a grievance?
Employees raise grievances for many reasons. These can include, working conditions, pay, relationship breakdowns between employees, health and safety and workload. Employee may also raise a grievance if they feel that raising informally has not worked or if they don’t want it dealt with informally, or because it is a very serious issue for example sexual harassment or whistleblowing.
Has an employee raised a grievance with you? Get in touch us if you need further assistance.
Do all grievances have to be in writing?
Grievances can be made verbally at any time by your employee. With a verbal grievance either ask the employee to confirm their grievance and any relevant details in writing or make a written note of the grievance and ask the employee to confirm that this is an accurate record of their grievance.
Has an employee raised a grievance with you? Get in touch us if you need further assistance.
Can I deal with a grievance from an employee informally?
The simple answer is yes providing the grievance regards a minor issue and where the matter can be resolved quickly and efficiently without a formal procedure and most importantly the employee is happy to use the informal procedure.
Always review the matter, carry out an investigation and provide an outcome to the employee under the informal process.
Has an employee raised a grievance with you? Get in touch us if you need further assistance.
When do I need to use the formal grievance procedure?
A formal grievance procedure will also be used where the employee is not agreeable to use the informal procedure set out in your policy. The employee may not be satisfied with the outcome of the informal procedure and therefore the formal procedure would be required.
Sometimes depending on the seriousness of the grievance the informal procedure may not be appropriate.
As with the informal procedure carry out a thorough investigation, speak to witnesses and provide an outcome in writing to the employee.
Has an employee raised a grievance with you? Get in touch us if you need further assistance.
Do I have to give a written outcome to my employee about their grievance?
Yes, the employer should always provide a written outcome to the grievance either in a letter or email. This is your evidence that you have completed the grievance.
Can an employee appeal a grievance outcome?
The Acas Code of Practice on disciplinary and grievance says that employees should be given the right to appeal a disciplinary or grievance outcome. If an employer does not give the opportunity to appeal, this could be counted against them if the case goes to employment tribunal. As part of the process, the employer should inform you of this right along with the time limit for lodging the appeal (usually 5 working days from the original decision).
What is an appeal?
An appeal is used to review whether a decision that’s been made should be overturned or changed and should be offer to any employee as part of the disciplinary or grievance process.
Why does an employee appeal?
Employees may appeal a disciplinary sanction or grievance outcome if they feel that the disciplinary sanction is too severe or if the grievance outcome is wrong. An employee may also appeal if they believe that any part of the grievance or disciplinary procedure was wrong or unfair or tat they have been dismissed for an unfair reason. Maybe the employee has new evidence to show that could have an impact on the grievance or disciplinary outcome.
Received an appeal from an employee? Get in touch with us for further assistance.
Can the same manager who dealt with the disciplinary hearing then hear the appeal?
The person who carries out the appeal and any subsequent investigation should not have previously been in the case and should be more senior to anyone who carried out any part of the disciplinary or grievance previously.
However, in a small organisation this may not always be possible. You should try and make the process a fair as it can be. You may decide to bring in an external person (F&B HR for example) to carry out the appeal.
Received an appeal from an employee? Get in touch with us for further assistance.
What is a fit note?
A fit note or doctors’ certificate needs to be provided by your employee when they have been absent for 7 calendar days or more. A fit note is an official statement from a registered healthcare professional giving their medical opinion on a person’s fitness for work.
How long can an employee ‘self-certify’ for?
An employee can ‘self-certify’ for 7 calendar days, including weekends. During this time, they do not need to provide medical evidence. If the employee is off sick for more than 7 calendar days, then a fit note from a registered healthcare professional must be provided.
What is a reasonable adjustment?
A reasonable adjustment is a change an employer makes to remove or reduce a disadvantage related to someone’s disability. In terms of reasonable adjustments that can be added to a fit note which could include a change in working hours, a phased return or amendment to working duties.
What if I can’t accommodate the reasonable adjustments on the fit note?
As an employer you should consider as many ways as possible to help you employee back to work. This could include moving them to a different role for example. There may be additional legal issues to consider including your duties under the Equality Act.
Does my employee need a fit note to say they are fit for work?
No. Employees do not need to be signed back to work and there is no option on the fit note to do so. The employee should return to work on the expiry of their fit note or be issued a new one to cover any further period of absence.
Can I contact my employee when they are off on sick leave?
Yes, you can but it is a good idea to agree with the employee on how to stay in touch with them when on sick leave and how much contact is reasonable. These are often called welfare calls. Keeping in touch is a good chance to check in on the employee’s wellbeing and see if they need any support. It is important to agree how often contact should be made, how to contact each other (phone, email, face to face) and who will be in contact with the employee (line manager, another manager or HR)
