12 Jun 2020 | Ibex Gale
ACAS have issued some guidance on handling disciplinary and grievance processes during the pandemic and we’ve summarised the key points for you below. The full advice can be seen here:
https://www.acas.org.uk/disciplinary-grievance-procedures-during-coronavirus
The employer should decide if it is fair and reasonable to proceed with the disciplinary or grievance process during the pandemic, taking into account factors such as whether people are on leave, furloughed, or working from home. It is also suggested that those involved should be consulted and informed of the rationale behind the decision to proceed or not to proceed. The employer should consider:
Someone on furlough can still take part in grievance and disciplinary processes, for example to attend an investigation interview or a hearing, subject to them doing so voluntarily and in a way that is in line with public health guidelines. For example, where the workplace is still open, employers should consider whether interviews and
meetings can be held in a place that safely allows for social distancing as well as privacy.
Consideration should be given to whether video meetings can be used fairly for investigation interviews or hearings, taking into account factors such as whether:
We have been successfully conducting investigations remotely on behalf of public and private sector organisations over the past six weeks using video meetings (and the tried and tested telephone). We’ve found it has had very little impact on our ability to carry out investigations sensitively, effectively and efficiently and, in some cases where witnesses are geographically dispersed, it has actually speeded up the investigation process.
Whilst there might be other factors which impact on an employer’s ability to deal with disciplinary and grievance processes during the pandemic, this ACAS best practice guidance confirms that a requirement to conduct investigations and hearings remotely should not be a barrier per se.
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