Unit: 654 Manage disciplinary processes in health and social care or children and young people's settings.
1. Understand how to manage disciplinary processes in relation to health and social care or children and young people's settings
1.1 Explain how legislation, organisational policies and procedures relate to disciplinary processes.
Disciplinary rules and procedures provide guidance to employees on the standards and conduct expected of them and a mechanism to deal with the consequences of failing to meet such standards. The Employment Act 2002 (Dispute Resolution) Regulations 2004 provide that all employers must have a standard three-step procedure dealing with both disciplinary issues and grievances. This procedure is a minimum standard; employers may use their own procedure, provided it contains the mandatory three-step procedure as a minimum.
The Employment Rights Act 1996 and Employment Rights (Dispute Resolution) Act 1998 require that details of the disciplinary procedures must be given to employees along with their statement of terms and conditions of employment within two months of starting work. The statement should also indicate a person to whom employees can appeal if they are dissatisfied with a disciplinary decision and the manner in which the appeal should be made.
Whilst the legislation requires a minimum standard procedure, it is good practice to include information on a number of issues listed below. This makes it easier to handle disciplinary matters when they arise and ensures consistency. Disciplinary rules and procedures should describe how the following issues will be handled: absence health and safety misconduct substandard performance use of company facilities discrimination time-keeping holiday arrangements suspension The principal features that should be contained in a disciplinary procedure are outlined in the ACAS Code of Practice on disciplinary practice and procedures