Starting disciplinary proceedings

[rlellie14]

Hi. One of our employees was aggressive towards his manager, swearing etc. Clearly a disciplinary offense and one that the manager in question should not be investigating/deciding on as she wouldn't be seen as being independent in the situation.
Question - To start the disciplinary process, does the manager need to raise a grievance? To be honest it might be better she didn't as that may make it more difficult to manage him in future. But then what's our starting point for investigating? Can we just say that the manager has raised this issue with us without it being a formal grievance and we have taken it from there?
Thanks!

 

[prophet01]

I'm sure someone with Employment Law expertise will be along soon but here's a good starting point in the interim:
Starting disciplinary proceedings

 

[Newchodge]

Yiu don't need a grievance. Just start an investigation.

 

[Frank the Insurance guy]

Hi @rlellie14 ,

Do you have a business insurance policy. Many include free legal and HR advice.

As @Newchodge suggests, an investigation is probably the best way to go, but you need to make sure you do it properly.

This clearly needs sorting as you can't let this sort of thing go on -as it will only get worse!

 

[rlellie14]

Yiu don't need a grievance. Just start an investigation.

Thanks. So can I start an investigation based on remarks made to me by this manager in our normal weekly meeting then. I don't need anything more formal than that to kick things off?

 

[Newchodge]

Thanks. So can I start an investigation based on remarks made to me by this manager in our normal weekly meeting then. I don't need anything more formal than that to kick things off?

You can start an investigation if you have any grounds whatsoever to believe something is wrong. Over-hearing a conversation about the incident, for instance.

 

[Blood Lust]

Hi. One of our employees was aggressive towards his manager, swearing etc. Clearly a disciplinary offense and one that the manager in question should not be investigating/deciding on as she wouldn't be seen as being independent in the situation.
Question - To start the disciplinary process, does the manager need to raise a grievance? To be honest it might be better she didn't as that may make it more difficult to manage him in future. But then what's our starting point for investigating? Can we just say that the manager has raised this issue with us without it being a formal grievance and we have taken it from there?
Thanks!

Investigate fully documenting everything and collecting signatures on statements. You need one from the employee, one from the manager, and ones from any witnesses.

You should be impartial in case the employee has reacted to wrongful behaviour. Make no assumptions, be completely impartial.

While you don`t need the manager to put a complaint or grievance in writing I would have them do that so you can show you followed the correct procedure. The reason is you also need to protect yourself from the manager. Remember a wronged manager can hold you in breach and go to a tribunal.

 

[rlellie14]

thanks for the replies to this. turns out not sufficient evidence for disciplinary but a 'Letter of Concern' will be issued.