Employment law and the Acas Code of Practice concerning disciplinary and grievance procedures continue to apply in the same way as before the pandemic began. However, the practices of dealing with such procedures may be slightly changed as a result of the associated lockdown restrictions.
Practical challenges
Under the Acas Code of Practice, disciplinary and grievance procedures must always be fair and reasonable. As the pandemic continues, they must also be in line with public health guidelines, including social distancing and avoiding workplaces where possible. As a result, there may be practical challenges when attempting to hold such procedures, but they must continue without undue delay. Employers must attempt to proceed in a safe, fair and reasonable manner and, if this is not possible, they must consider whether it would be fair to suspend proceedings until a later date.
Suspending proceedings
In deciding whether proceedings should be suspended, employers should consider the particular circumstances of the case concerned. For example, a matter involving allegations of gross misconduct or unlawful harassment must be dealt with urgently whereas procedures to address more minor disciplinary issues may be possible to postpone to a later date where appropriate.
If the case may result in an employment tribunal, employers should be mindful of the time limit for bringing a claim.
Can a disciplinary or grievance procedure be carried out remotely?
Yes. Video meetings can form part of any investigation into disciplinary or grievance matters. As an employer, you may conduct a video meeting, interview or hearing so long as the process is fair and reasonable. In deciding whether to do so you must consider whether:
- All parties have adequate access to the technology required to take part in a video meeting
- Any party has a disability or any other accessibility issues which may affect their ability to take part
- It is possible to access all the evidence required to conduct the investigation or hearing, and whether all parties can access the evidence during the video hearing.
- It is possible to assess the evidence and question the relevant parties fairly during a video hearing
Will a video hearing be recorded?
Employers must keep a record of any disciplinary or grievance procedures carried out, and such procedures conducted via video may be recorded. However, everyone involved must agree to the meeting being recorded.
Furloughed workers
Furloughed workers retain the right to raise a grievance or be involved in disciplinary or grievance procedures in line with other staff.
If you have any queries or concerns regarding an ongoing grievance or disciplinary matter please do not hesitate to contact a member of the team.
