Stage 2 – final written warning:
A written warning will be given when the offences is really serious which will consist of the purpose for the caution and an observation that if no enhancement outcome within 12 months, disciplinary activity need to be considered.
Stage 3 – dismissal
The employee may suffer demotion, disciplinary transfer, loss or seniority (as allowed in the contract) or dismissal if the conduct or performance has failed to improve. After investigation employee may be suspended if an offense is strong. Any suspension must be with pay unless the contract allows suspension without pay.
Appeal allows employees to appeal against any disciplinary decision in writing within five working days of being informed of the decision.
Grievance procedures are required to offer individuals with an approach of action if they have a complaint (which they cannot take care of through frequent interaction with their line manager) and offer factors of contact and timescales to take care of problems of issues and try to take care of problems without selection to an employment tribunal. Grievance procedure is in place to explain how worker problems are handled. They enhance reasonable and constant therapy of workers and give an arranged process for increasing issues. It is important to ensure problems are examined thoroughly, it gives an opportunity for workers to speech their complaint and question management but it is then up to someone outside the conflict to provide choices and not straight get involved.
The grievance procedure step in firms includes:
Step 1- The employee need to inform the employer by writing about their grievance.
Step 2-The employee need to be invited to a meeting from the employer to discuss the grievance where the right to be followed will apply.
The employee notifies in writing of the decision from the employer and informs the right to appeal.
Step 3- The employee need to inform the employer if they wish to appeal.
The employer must arrange the meeting with employee and right after the meeting inform the final decision.
The CIPD (2010) finishes that disciplinary and grievance procedures are needed to create sure that everyone is handled in the same way in the same situation, to create sure problems are handled quite and reasonably, and that companies are certified with present regulation and adhere to the ACAS code of Exercise for managing such disciplinary and grievance issues.
Discipline and Grievance issue in two different organisations:
Sainsbury’s was founded in 1869 and today it operates over 1,000 stores, including 440 convenience stores and employs around 150,000 colleagues. Sainsbury’s put their customers at the heart of everything they do and have invested in their stores, their colleagues and their channels to deliver the best possible shopping experience. They are strong culture and values are part of their identity and integral to their success. (Source: )
The company preserves a well-structured human resource system that conveys the job performance goals to the workers through records such as job description. It is hence suggested that providing the employees with officially detailed job explanations, expected performance levels and clearly and briefly led goals can save issues and misconception from coming up at the first place. Sainsbury’s follow the three formal warning and all grievance and discipline procedure. Morale and working conditions are reported to be good at Sainsbury. Sainsbury’s employee confirmed its reputation as a good employer in the business. Management operate an ‘open door’ policy and make an effort to listen to and address staff concerns. There are regular forums for staff to communicate with managers through employee representatives and every three months lunches with the managing director to which manager is invited. Even through Sainsbury has strong discipline and grievance procedure but still there are a lot of unfair dismissal cases going in the employment tribunal. For example there is a case between Mr. Hitt and Sainsbury’s. Mr Hitt was dismissed for suspected of missing box of razors which was found in his personal locker. But he dined the allegation saying that it had been planned on him where he shares the locker with his another colleague and there is no proper witness which prove that he has stolen the box of razors. Sainsbury’s could not investigate the factor before dismissing Mr. Hitt. The employment tribunal has turn over the dismissal decision because Sainsbury’s failed to provide sufficient evidence against Mr. Hitt. Because of those kind simple mistakes Sainsbury’s loses lots of time and money where they do not follow the disciplinary and grievance procedure properly.
There is another example of restaurant which does not follow the disciplinary and grievance procedure appropriately. The name of the restaurant is Tower Hill Dinner which is based on tower hill in London. It serves traditional English food for the customers for last fifteen years.
The restaurant does not follow the disciplinary and grievance policy according to ACAS code of practice. Employees do not know what the performance standards are expected from the employees. Employer does not provide right rule and regulation to the employees about the absenteeism, lateness, sick call and even the break policies. As a result of this labour turnover rate is very high and restaurant could not provide the quality service to the customer.
In this restaurant employees cannot express their feeling to management because there is no grievance policy available for the employees. If employees become sacked employer does not give any appeal facility. Employees do not go to the court because they could not provide enough evidence against the employer. In any organization, there are recognized policies and procedure which are expected to figure out the connection between ACAS rule and the workers. It is through this law that the workers will be in a place to perform as per the guidelines and methods hence resulting in excellent performance of the organization
Retirement:
Retirement is the factor where an individual prevents career absolutely and an individual may also semi-retire by decreasing work hours. Many people choose to retire when they are certified for community use or personal old age benefits, although some are required to retire when real conditions no more allow the person to work anymore (by illness or accident) or because of control concerning their place. Retirement
When pension was formally institutionalized at the end of the 19th millennium, it referred to a financial allowance paying individuals no more able to perform. The age of 65 was arbitrarily selected as the pension age at one time when lifetime was 37 decades of age (Friedan, 1995). Since then, durability has considerably improved, but most individuals still select to
retire at 65 or even previously (Blanchard de Ravinel & de Ravinel, 2003; Friedan, 1995). The Webster dictionary describes retirement as a “withdrawal from a person's place or profession or from effective working life.”
Redundancy:
Redundancy is dismissal which is not directly related to the individual performance or behaviour or to retirement but because:
* The employer has ceases to business thus there is no work for the employee;
* The location change of the business where the employee was so employed;
* Business prevents the perform or decreases the perform which the worker is involved in and for which the worker is exclusively experienced.
The key point is to remember initially is that it is the post that is redundant and not the employee. The question is what will appear to the worker or workers who keep that post which has been decided to redundant. The financial savings is not the only reason for redundancy where there is other possible reasons such as new technology arise, changed priorities and the restructure of the labour force.
Retirement Policies:
Businesses are facing difficult and challenging times in twenty -first century where modern solutions may be required to overcome these problems. Almost a third of the workforce will be over the age of 60 by 2020 which will make a remarkable impact on the workforce. The removal of the Default Retirement Age is an opportunity now to review what changes or developments can be introduced. To attract and retain
The best people for the business are the tough challenge for employers. Employer cannot afford to lose their best employee in these difficult times. Having frequent interactions with all workers about the goals of them, their performance and upcoming programs are important. These should not be restricted to younger or older workers. Managers and employees should discuss about the retirement plans in the context of the regular Performance Development Reviews. Employment is terminated giving official and written notice by either side. The introduction of new default retirement age (DRA) 2011 will allowed to employees to stay in their job beyond the age of 65.Organisation need to notify the employee about their intended date of retirement which do this not less 6 and more than 12 months before the date. Company should notify the worker of his/her right to make an itemized ask for to the company perform beyond the designed pension date. After getting request letter from employee, employer needs to arrange the meeting as soon as possible to discuss the matter. In the meeting employee can accompanied by a colleague of his/her choice. The employee has a right of appeal against the decision. Whatever time frame the employee retires, for the duration of the worker's last few several weeks of work, company will also need to determine their final payment. Retirement time is very difficult and emotional moment for the employee therefore company should helping them to make the transition from employment to retirement by allowing them to do reduce hours or arranging to attend pre-retirement class and organising a retirement party for them.
Redundancy policies:
For employee redundancy the employer must follow the standard
Dismissal procedure should involve written notification, hearing and appeal.
Step 1: Inform the employee about the redundancy and invite for the meeting to discuss the issue.
Step 2: Hold a meeting to discuss the redundancy where employee has the right to supported by friends or colleague or family members.
Inform the decision and the right to appeal.
Step 3: Hold the appeal meeting and inform the final decision to the employee.
The employer needs to consult the trade unions or employee representatives when illustrating a redundancy procedure. Where a joint consultative committee will make inside the organisation and this committee will regularly monitor the organisation performance. If an employer is thinking about making the redundant they should consult with an employee before making any decision. Failing to do this will bring the unfair redundancy dismissal. Where an employer is making 20 or more employees at one workplace redundant they must seek advice with a recognized trade union. An employer must consult with employee representatives where there is no recognized trade union before issuing redundancy notices. Failure to do this will face employment tribunal. Companies should seek advice from affected workers over this issue and try to ensure that the balance of skills and experience within the workforce is acceptable to the company's future require. It would be discrimination and it’s against the law to choose an employee for redundancy because of age, impairment, sex reassignment, wedding and municipal collaboration, maternity and maternity, competition, perception or perception, sex or sexual direction. Management can minimize the compulsory redundancies by controlling the natural wastage, restriction on recruitment, retaining and redeployment and reduction or elimination of overtime. The employer needs to find an alternative job or a volunteer job offer for an employee. The policy on helping redundant employees obtains training or search for alternative work.
Conclusion: A disciplinary and grievance policy guides management to face challenging situations. Grievance policy will prevent the dissatisfaction between employee and employer in the organisation. Organisation need to follow discipline and grievance procedure which will help make them better organisation in these competitive market. To make a better organisation the ACAS code of practice has to be maintained by the management. Organisation can keep their best skilled people according to the retirement and redundancy policy.
Reference:
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(2011). DISCIPLINE AND GRIEVANCE. Available: http://www.cipd.co.uk/hr-resources/factsheets/discipline-grievances-at-work.aspx. Last accessed 20th august, 2012.
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Ndunuju Adiele. (2009). Discipline and Disciplinary Actions in Organisations.Retirement. Available: http://www.merriam-webster.com/. Last accessed 22th august, 2012
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Torrington et al (2008) . Human Resource Management 7th edn. Prentice Hal, Europe
- Bibliography:
- ABE, ABE Study Manual-Human Resource Management, ABE.
- Marchington M and Wilkinson A, Human Resource Management at Work (2005)