The Employment Act 2002 (Dispute Resolution) Regulations 2004 implemented statutory disciplinary procedures which were introduced in October 2004, together with a new Code of Practice from Arbitrary Conciliation Advisory Service (ACAS).
Organisations must have disciplinary procedures, both a three-step procedure for use during employment, and a modified two-step procedure for when the employee is no longer employed.
The overall purpose of the DFID Disciplinary Procedure is to provide a framework within which managers can formally address with their staff failure to meet standards of performance or conduct.
If an associated grievance is raised, the Line Manager may wish to put the disciplinary process on hold and investigate the grievance and then, if necessary, return to the disciplinary process later.
1. The Standard Disciplinary Procedure is made up of three stages:
Stage A - The Line Manager (at least B2 grade) must set out in writing the allegation, inviting the employee to a meeting to discuss the matter (and telling them of their right to be accompanied by a DFID colleague of Trade Union/Staff Association representative). In cases of alleged gross misconduct, bullying, harassment or unlawful discrimination, the manager must always be at Head of Department/Head of Overseas Office level or higher.
2. Stage B - The Line Manager must hold a Disciplinary Meeting (normally within 21 working days of the invitation to attend). The Line Manager will then communicate their decision in writing, setting out outcomes and sanctions, and advises the employee on their right to appeal within 14 working days.
3. Stage C - Appeal - If the employee wishes to appeal this will be heard at the next level of management (the 'appeals officer') following receipt of the decision under Stage B. The appeals officer must invite the employee to a Disciplinary Appeal Meeting to discuss the matter (reminding them of their right to be accompanied) then communicate their decision in writing.
4. Where an allegation of fraud or corruption is being made this must be reported immediately to the Head of Internal Audit Department or the Fraud Response Manager who will manage the necessary investigation, liaising with the Case Management Team in Human Resources Division as necessary.
No mandatory training is required but Line Managers must be familiar with the disciplinary procedures. It is recommended that officers tasked with investigating disciplinary allegations of gross misconduct, bullying, harassment or unlawful discrimination should receive Investigator Skills Training. The current pool of trained investigators is co-ordinated by HR Division's Case Management Team.
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