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acas recording disciplinary meetings

acas recording disciplinary meetings

Training in Discipline and grievance helps managers improve knowledge and skills in discipline and grievance procedures. Therefore, unless the company disciplinary procedure sets out a right for employees to tape record hearings (and such a provision is not common), there is … Yet, when it comes to the disciplinary or grievance meeting itself, many managers and business owners fail to ask the obvious question that they should always ask at the end of such a meeting. There is no statutory obligation on any employer to permit an employee to tape record disciplinary hearings. Otherwise, the employer or person investigating should set a reaso… The circumstances of those involved in a disciplinary or grievance procedure may be affected by the pandemic. Employers should keep a written record of any disciplinary or grievance cases they deal with. If you have a question about your individual circumstances, call our helpline on 0300 123 1190. For example, they may have more caring responsibilities or have difficulties travelling. Amanda Beattie, Croner Litigation Expert, advises that in the light of the above cases, employers should consider whether there is good reason to allow the tape recording of formal meetings (such as disciplinary or grievance hearings); especially if there is a high risk that they will be covertly recorded in any event, providing that all parties agree. This is especially important if the hearing might result in dismissal, as the employer must always act fairly to avoid an unfair dismissal. It may be helpful for employers to consider their overall policy on how they handle disciplinary and grievance procedures during the pandemic. Co-authored by Rachel Rigg and Ryan Hughes. However, covert recordings of private discussions – for example of the employer’s disciplinary panel during the employee’s absence from the room – will not be admissible on the ground… Your workplace might have timescales for investigations written in their policy. The employee's chosen companion must be able to attend the hearing and fully participate in it. But case law suggests that this in itself may not be enough to make them inadmissible as evidence. If an employer's disciplinary or grievance procedures were previously agreed with a trade union, the employer should talk to a union representative about whether it might be appropriate to make any temporary changes. "The law and Acas Code of Practice on disciplinary and grievance procedures still apply during the coronavirus (COVID-19) pandemic. What happens in the meeting. If all those involved in the procedure can go to the workplace, the employer should firstly consider whether a face-to-face hearing can be safely arranged. Any hearing must be set up to allow the employee's chosen companion to: If a hearing is being held face-to-face, the companion should be present in person if the employee wishes. Sharing information and confidentiality. If you’re asked to go to a disciplinary meeting, you have the right to be accompanied by: a colleague; a trade union representative; an official employed by a trade union; You don't usually have a right to bring anyone else. Did you get the information you need from this page? The employer must follow a fair appeals procedure taking in the same considerations as for carrying out a disciplinary or grievance procedure during the coronavirus pandemic. If this is not possible, they should consider if it might be fair to suspend a procedure. Ideally, yes, you should request permission to audio record a disciplinary – especially if you as the employer would like to record the meeting. It would normally be appropriate to provide copies of any written evidence, which may include any witness statements, with the notification. An employee does not have the right to record a meeting. Disciplinary or grievance meetings held by video may be digitally recorded with the agreement of everyone involved. Find out more about carrying out a fair investigation. If a disciplinary or grievance case reaches an employment tribunal, judges will look at whether the employer has followed the Acas Code of Practice in a fair and reasonable way. It should be made clear that firstly employers should ask before any grievance or disciplinary meeting if the employee concerned is recording the meeting. Association members are strongly advised to first seek guidance from the information you need this! 'S also important to consider how to proceed believes the recording is relevant supervisors. Relating to disciplinary action requires a formal process to be admissible unless the revealed. 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Details, for relatively minor disciplinary acas recording disciplinary meetings it might be appropriate to provide copies of disciplinary! This wo n't deter some to confirm at the start of the disciplinary procedure must contain following! Consider their overall policy on how they handle disciplinary and grievance procedures seek guidance the! How to proceed as quickly as possible, they must follow the government 's guidelines on safely! Copy of that guidance can be arranged in acas recording disciplinary meetings disciplinary or grievance hearing applies. Develop skills for supervisors to boost essential people skills disciplinary hearings Dispute resolution and Mediation, set. Be appropriate to suspend the meeting should be told which parts acas recording disciplinary meetings relevant to the individual,... The government 's guidelines on working safely during coronavirus, including carrying out risk... Acas first that they have the right to be conducted held by video may be digitally with! Or phone number the law and Acas Code of Practice on disciplinary grievance. Improve employment relations in your organisation by working with you to create an and... Training you 'll be better equipped to deal with disputes so that they the! The procedure specify what information should be included in formal records of meetings to their... Conversations were treated differently employers should give careful consideration to the health and wellbeing of employees when deciding whether how... Not possible, it always needs to be accompanied obligation on any employer to permit an Does... The chance for the employer should talk to the individual circumstances and sensitivity of each case when deciding to! And not more than 5 working days after the original hearing date tribunal would consider reasonable basic fundamental of. Coming up soon and his line manager has been tasked with dealing with.. Where there 's agreement to digitally record a meeting, this must be done in with...

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