Employment Law - Discipline, Grievance and Workplace Investigations

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The Programme

The maintenance of a good employee / industrial relations atmosphere in an organisation depends on the promotion and maintenance of discipline on the one hand while at the same time it is important that grievances are handled effectively in accordance with the principles of natural justice and fairness.  Equally it is important that HRM practitioners and line managers are aware of how to ensure the conduct of a robust investigation in relation to disciplinary or grievance matters.

The aim of the Employment Law - Discipline, Grievance and Workplace Investigations workshop is to provide HRM practitioners and line managers with an awareness of the law and best practice in dealing with discipline and grievance matters and an appreciation of the responsibilities that they have in relation to adhering to discipline and grievance procedures. The workshop also aims to provide guidance relating to the organisation and conduct of investigations.

Learning Outcomes

Upon completion of this workshop, participants will have:

• Developed an awareness of the law and practice in relation to discipline and grievance management;
• An appreciation of the importance of being proactive in addressing matters that arise in relation to discipline and grievances in the workplace;
• An appreciation of the formal stages in discipline and grievance procedures;
• An awareness of the potential pitfalls and skills required in dealing effectively with discipline and grievance matters and the conduct of investigations.

Course Content

During the Workshop, the focus will be on:

• Disciplinary procedures - what are the statutory requirements;
• Considering the contract of employment, employee handbook and circulars - the importance of clarity;
• Understanding stress in the workplace - disciplinary procedures and the vulnerable employee;
• Disciplinary procedures and constructive dismissal;
• Complaints and grievances - statutory definitions and procedural requirements;
• Managing grievances - the rights of complainants and persons affected;
• Implementing a robust investigation - understanding terms of reference, avoiding bias and adopting procedural transparency;
• Fair procedures and natural justice - what the Courts have said about right to notice, right to cross examine and the right to representation;
• Balancing rights in investigative processes;
• The importance of clear findings in reports - avoiding common pitfalls

Course Leader

This workshop will be delivered by Sharon Dillon-Lyons BL.  Sharon has extensive experience of advising and representing employers on all aspects of employment law. Sharon is also an Associate Specialist of the Institute of Public Administration's Strategic HRM and People Development Team.