Where can I find my company's rules for disciplinary action and complaints?
Quick Summary
Yes, your employer is required to provide you with information regarding disciplinary rules and grievance procedures. This information must be included in your written statement of employment particulars or provided via a reasonably accessible document.
The situation
I started a new job as a warehouse operative here in Manchester, England, about three weeks ago on the 14th of October. My contract arrived in my email on my first day, and I have read through it carefully to make sure I understand my hours and my pay rate of £11.50 per hour. However, I am feeling a bit anxious because my supervisor mentioned yesterday that there is a formal process for dealing with any misconduct or if someone wants to make a formal complaint about their manager. I have looked through the initial paperwork and the digital handbook they sent me, but I cannot find any specific details about what the actual disciplinary steps are, or even who I am supposed to talk to if I am unhappy with a decision made about me. I also cannot see any instructions on how to raise a formal grievance if something goes wrong with my shifts. I have already asked my colleague, who has been here for two years, but they just told me to check the files. I am unsure if my employer is required to give me a document that clearly explains these procedures and tells me exactly who to contact for redress.
Detailed Analysis
Under the Employment Rights Act 1996, your employer has specific duties regarding the information they give you when you start a job. Because you started your role as a warehouse operative on 14 October, your employer must ensure your written statement includes certain details.
Specifically, the law requires a note "specifying any disciplinary rules applicable to the worker or referring the worker to the provisions of a document specifying such rules which is reasonably accessible to the worker"[1]. This means they must either list the rules directly or point you to a handbook or document that is easy for you to find and read[1].
Furthermore, they must provide information regarding how to handle complaints. The law requires "specifying (by description or otherwise)— i a person to whom the worker can apply if dissatisfied with any disciplinary decision... and ii a person to whom the worker can apply for the purpose of seeking redress of any grievance relating to his employment"[1]. A grievance is a formal complaint you make about your work or how you are treated. This means your employer must tell you exactly who to contact if you have a problem with your shifts or a manager, and how to make that application[1].
Regarding the timing of this information, the law states that certain parts of your statement "must be given not later than two months after the beginning of the employment"[2]. Since you started on 14 October, they have until mid-December to ensure all required details are provided to you[2].
It is currently unclear if your employer has failed their legal duty or if the information is simply hidden in a part of the digital handbook you have not yet located. If the information is truly missing from all documents, they may be in breach of these requirements.
Statutory Citations
Legal Citation: Employment Rights Act 1996 § Section 3 — Note about disciplinary procedures and pensions.
"A statement under section 1 shall include a note— a specifying any disciplinary rules applicable to the worker or referring the worker to the provisions of a document specifying such rules which is reasonably accessible to the worker ... b specifying (by description or otherwise)— i a person to whom the worker can apply if dissatisfied with any disciplinary decision ... and ii a person to whom the worker can apply for the purpose of seeking redress of any grievance relating to his employment"View Official Legislation →
Legal Citation: Employment Rights Act 1996 § Section 2 — Statement of initial particulars: supplementary.
"A statement... must be given not later than two months after the beginning of the employment"View Official Legislation →
Important Legal Disclaimer
General legal information, not formal legal advice. The information provided on LawAsked does not constitute formal legal advice and creates no attorney-client relationship. If you require legal assistance, please consult a licensed attorney in your jurisdiction.
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