ACAS Guidance on Disciplinary and Grievance Procedures during Coronavirus
ACAS produced new guidance on handling disciplinary matters and grievances in the workplace during the pandemic, which asked employers to consider if it would be fair and reasonable to start or continue such procedures while their employees were on furlough, following social distancing measures at work, or working from home on account of the coronavirus pandemic.
The guidance noted that any disciplinary or grievance procedure should be carried out in a way that followed public health guidelines around social distancing and closure or phased reopening of certain business premises, and employers had to give careful consideration to the health and wellbeing of employees when deciding whether and how to proceed.
The guidance suggested that the employer had to talk through options with everyone concerned in the grievance or disciplinary matter and any decisions as to whether or not to proceed should be clearly explained.
Staff who had been furloughed were still able to take part in a disciplinary/grievance investigation or hearing if they: had raised a grievance; were chairing a hearing; were taking notes at a hearing or investigation; were being interviewed or were a witness; or were accompanying a colleague at a hearing.
Where those involved in the procedures were still going to the workplace, interviews and meetings related to the procedures had to be held in a place that allowed for social distancing.
The guidance acknowledged that it was likely that employers would have to use video meetings to conduct interviews and hearings, and noted that employers should ensure everyone involved had access to the technology needed and any reasonable adjustments were made for individuals with disabilities.
The full guidance note can be found here: https://www.acas.org.uk/disciplinary-grievance-procedures-during-coronavirus?mc_cid=c204b8082e&mc_eid=2ff3706ef5 .