Employee Final Warning Forms

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Employee Final Warning Forms Powered By Docstoc
					   Forms the basis of relationship between
    employer and employee
   Contains pay info, terms and conditions i.e.
    hours, annual leave, job title, place of work,,
    pension arrangements, length of notice
    required, details of collective agreements,
    disciplinary rules. Employment Rights Act
    1996, Emp Rel’s Act 1999, Emp Act 2002
   See Rose P511
   Employee Handbook – policies i.e. Equal Ops,
    Maternity, H & S, Redundancy, Harassment,
   Current legal position regarding unfair
    dismissal
   The meaning of dismissal
   Constructive dismissal
   Fair Dismissal
   Unfair Dismissal
   Qualifying conditions and tribunal procedure
   Remedy for Unfair Dismissal
•   Purpose of Discipline Procedure
•   Legal requirements
•   Disciplinary Procedures- formal, informal
•   Good Disciplinary Procedure should…….?
•   Statutory Minimum
•   Absence, Alcohol, Drugs, Capability &
    Harassment procedures
•   Handling Disciplinary Matters
   What is a grievance?, issues causing
    grievances
   Why have grievance procedures
   Statutory Dispute Resolution Employment NI
    Order 2003
   Dealing with grievances in the workplace
   Relationship governed by contract
   Unequal relationship
   Statutory floor of rights
   Employment Rights Act 1996
   Employment Relations Act 1999
   Automatic Unfair Dismissal
   The meaning of dismissal
   Qualifying conditions
   Constructive Dismissal when the employee
    terminates the contract with or without
    notice in circumstances in which he or she
    would be entitled to terminative without
    notice by reason of the employers conduct.
   Examples: change in pay, role, instruction
    to commit unlawful act
   Weathersfield Ltd v Sargeant CA 1998
Only fair if reason for dismissal is one of
 reasons listed
1 Conduct
2 Capability
3 Redundancy
4 Statutory Ban
5 Some other substantial Reason
   In circumstances
   I.e. size and administrative resources
   Contractual rights and duties
   Consistency of treatment
   Length of service
   Procedural factors
   ACAS/LRA code Disciplinary Practice and
    Procedure.
 If an employers disciplinary code states that a
 particular act or omission amounts to gross
 misconduct with the possible sanction of dismissal,
 then the EAT has indicated that as a rule of thumb
 a dismissal will be potentially fair if the employee is
 guilty of the act or omission provided that:-

1. it was reasonable to specify that act or omission
  as gross misconduct
2. the employer took proper steps to bring the discip
  code to the attention of the employee and the
  employee had access to it
3. the employee know that what he is doing is wrong
  under the policy

           IMPORTANCE OF DICIPLINARY POLICY!
   Has employer shown reason is misconduct
   Genuine belief on reasonable grounds after
    reasonable investigation
   Range of reasonable responses
   Observation of relevant code of practice
   Gravity of offence, employees record,
    explanations, way rules worded and applied.
   Oral warning
   Followed by written warning if the required
    improvement is not forthcoming
   Followed by final written warning if conduct
    or performance is still unsatisfactory
   Finally dismissal
   Purpose of Discipline Procedure – to avoid UD
    claims? To be reasonable employer? To obey
    legislation? To ensure consistent and fair treatment
    for all.
   Statutory Minimum Procedure – if employee
    dismissed without the employer following this
    statutory procedure providing has necessary
    qualifying service and age, dismissal will be ruled
    automatically unfair.
   Core principles of reasonable behaviour
   Code of Practice – central to understanding
    disciplinary process.
   Be in writing
   Specify to whom they apply
   Be non discriminatory
   Provide for matters to be dealt with without
    undue delay
   Provide for proceedings witness statements
    and records to be kept confidential
   Indicate the disciplinary actions that may be
    taken
   Specify the levels of management which have
    authority to take disciplinary action
   Provide for workers to be informed of
    complaints against them and to see all relevant
    evidence before any hearing
   Provide workers with an opportunity to state
    their case before decisions are reached
   Provide workers with right to accompaniment
   No worker dismissed for first breach of
    discipline
   No disciplinary action until the case has been
    carefully investigated
   Workers are given an explanation for penalty
    imposed
   Provide a right of appeal – to a more senior
    manger
   Permissible to dismiss without notice
   E.g. theft, fraud, deliberate falsification of
    records, fighting.
   Suspension/ temporary transfer ? Full pay,
    investigation. Not disciplinary action
   Since 3rd April 2005
   Step 1 Put in Writing – send the employee a
    written explanation for the conduct,
    capability, or other circumstance that have
    led you to think about taking dismissal or
    disciplinary action
   Step 2 Meet and Discuss, invite the
    employee to a meeting to discuss the issue,
    after meeting inform them of right of
    appeal
   Step 3 Appeal – if the employee wished to
    appeal, they must inform you, invite to
    second meeitng, give the employee final
    decision at meeting.
   Separate procedures outlining how organisation
    intends dealing with separate issues
   Alcohol/Drugs as part of H & S policy
   Capability and poor performance – open and
    honest communication, support mechanisms to
    assist reaching standards, ask worker for
    explanation, allow training, consider alternative
    work, follow all stages of Stat procedure i.e. chance
    to improve, warnings
   Be aware of infringing DDA 95, is employee
    disabled, could reasonable adjustments be made,
    alternative work
   What is a grievance?, issues causing
    grievances
   “the acquisition of a sense of injustice.
    Accompanying the sense of injustice is a
    feeling of dissatisfaction”
   TUC bad bosses hotline bullying 38%, pay
    25%, long hours 13%, holidays 4%, contracts
    15%, H & S 11%
   Provides employee with means for
    addressing complaint concerning
    management behaviour
   Indicates how to process grievance
   Commitment to speed, fairness and
    reasonableness, representation rights
   Identifies who is involve at each stage,
    define the time limits for completion of
    each stage, what will happen if either the
    grievance in resolved of unresolved, appeal
    mechanism
   New statutory minimum grievance procedure
    1 Put it in writing – the employee must send a
    written explanation of their grievance to
    employer
    2 Meet and Discuss – employer must invite the
    employee to     a meeting to discuss the issue,
    after the meeting, inform   the employee of your
    decision and offer them the right of    appeal
    3 Appeal – If the employee wishes to appeal
    against your    decision they must inform
    employer, they should be invited to a second
    meeting to discuss the appeal and give the
    employee final decision after the meeting.
   Initial stage, grievance interview, gathering
    information, re-state grievance, management
    response, establishing common ground and
    areas of disagreement.
 Grievance
 An employee reports that he is the victim of
 bullying by another employee and has been
 threatenned by him, you are the HR advisor
 and the HR manager has pointed you in the
 direction of the LRA code of practice. Outline
 the procedure and what you would do.
   You manage a care home and another
    member of staff reports that she thinks
    another employee may have mixed up their
    drug administration. The HR manager has
    pointed you in the direction of the LRA code
    of practice. Outline the procedure and what
    you would do.
   Outline what terms and conditions are
    included in an employees contract and
    outline the main pieces of UK legislation
    which have given rise to written statements
    (contracts). What category of worker should
    get terms and condition and is there a
    timeframe. How would an employer change
    terms in a contract.
   Rose Ed, Employment Relations 2001
    chapters 10,12
   Salomon, M. Industrial Relations Theory and
    Practice 4th Edition 2000
   Websites www.lra.org.uk,
    www.delni.gov.uk/resolvingdisputes
    www.acas.org.uk
   www.cipd.co.uk

				
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