ACAS’ Guide To Disciplinary & Grievance Procedures During The Coronavirus Pandemic

ACAS has published guidance on disciplinary and grievance procedures during the coronavirus pandemic, urging employers and businesses to apply it’s Code of Practice on disciplinary and grievance procedures with extra care, if and when taking action during this time.

Disciplinary and grievance procedures during the coronavirus – ACAS guidance

Employers should take into account whether their staff are on furlough leave or working from home, as well as social distancing/public health guidelines, when deciding if it would still be fair and reasonable to carry on with or start a disciplinary or grievance procedure.

ACAS remind employers that disciplinary and grievance procedures can be stressful in normal times and that employees might be facing heightened stress levels during this pandemic. Therefore, employers should give careful consideration to the health and well-being of employees when deciding whether and how to proceed in these circumstances, particularly in cases that may result in dismissal.

If an employee is on furlough or working from home, they can still raise a grievance. There are also a number of circumstances where an employee on furlough can participate in a grievance or disciplinary process, such as chairing, being a witness or being interviewed as part of an investigation. This is as long as they do so voluntarily and that it takes place in line with the current public health guidance. Continuing with such procedures at this time would mean that employers should use video meetings in a fair way ensuring that all parties have access to the requisite technology, supporting evidence and accompaniment.

Further details can be found here.

Commentary

This guide sets out best practice for employers during the coronavirus pandemic, therefore it inevitably encourages employers to take a cautious approach when it comes to disciplinary and grievance procedures. Our view is that in most cases, disciplinary cases and grievance procedures should be continued during this period as there is normally a benefit to everyone involved in getting these issues resolved as quickly as possible.

In the current climate, it would be safe to assume that either party in potentially future Employment Tribunal proceedings would get a degree of latitude from any Employment Tribunal or Court as long as their approach has a spirit of fairness.