Disciplinary & grievances

Any duty of IPSA to fund any business cost for an MP is subject to anything done in relation to the MP in the exercise of the disciplinary powers of the House of Commons. [3.6]

This procedure does not form part of any employee’s or worker’s contract of employment or engagement.

It may be amended from time to time and the employer may need to depart from it depending on the circumstances of any case.

This procedure applies to all employees regardless of length of service. However, discretion may be applied to vary this process for employees or workers with less than two years’ service. 

These procedures are designed to ensure a fair and consistent approach to the enforcement of standards or conduct. This policy and these procedures are designed to help and encourage all employees to achieve and maintain required standards of conduct, attendance and job performance. This policy also aims to resolve and improve problems of conduct or poor performance, poor attendance, and wherever possible to avoid dismissal. 

The procedure is designed to establish the facts quickly and to deal with disciplinary issues consistently.   

Investigation  

No disciplinary action will be taken until the matter has been fully investigated. At every stage you will be notified of the allegations that have been made against you and you will be invited to a hearing to discuss them. Any disciplinary decision taken (up to and including dismissal) will be taken by the employer/manager after full investigation.  

Any meetings and discussions as part of an investigation are solely for the purpose of fact-finding and no disciplinary action will be taken without a disciplinary hearing. Investigation meetings may take place in person or remotely, using remote working platforms or technologies as appropriate. 

You may choose to be accompanied at the investigation meeting, if you wish, by a work colleague of a Trade Union representative, and you should inform your employer in advance of the name of your chosen companion.  

In cases of misconduct (situations less serious than gross misconduct) it might also be appropriate to suspend the employee if this assists with the investigation. Suspension is not considered to be disciplinary action, nor does it indicate guilt in any way. A period of suspension should be regularly reviewed, kept as short as possible and will be on a fully paid basis.  

The disciplinary hearing  

Upon completion of the investigation, it will then be decided whether to proceed to a formal disciplinary meeting or whether the matter, in fact, be resolved informally without further action (for example, by creating an improvement plan or providing further training).  

If a disciplinary hearing is warranted, you will be given a minimum of 48 hours’ notice in writing of the hearing, including sufficient information about the alleged misconduct or poor performance and its possible consequences to enable you to prepare. You will normally be given copies of relevant documents, witness statements and other evidence.  

Disciplinary hearings may be held remotely or in person, and you will be informed of the relevant arrangements. Where meetings are held remotely, you should let the person chairing the meeting know of any questions regarding joining instructions in advance of the meeting.   

If you have a disability or health condition that may have an impact on your ability to participate in this procedure, whether remotely or in person, or if you need assistance (for example where an employee has a hearing condition), you should let the person chairing the hearing know so they can make reasonable adjustments and appropriate arrangements for you. 

You may choose to be accompanied at the hearing, if you wish, by a work colleague of a Trade Union representative and will have the opportunity to state your case.  You should inform your employer in advance of the name of your chosen companion.  

You should let your employer know as early as possible if there are any relevant witnesses you would like to be interviewed, or any documents or other evidence you wish to be considered. 

You will be notified of the outcome of the hearing in writing. It should be noted that the outcome could be at any of the stages described below, dependent on the seriousness of the matter. 

You have the right to appeal against any disciplinary sanction. 

Disciplinary action

Stage 1 – First written warning   

If your conduct or performance is unsatisfactory you may receive a formal disciplinary warning in the form of a first written warning. This warning represents the first stage of the formal procedure. The warning will set out: the nature of the misconduct, the change in behaviour/performance that is required, and your right of appeal. 

This warning will be recorded but disregarded after a period of six months of satisfactory service. The warning will also state the consequences of there being no improvement within this period, which will be that further action will be taken under this procedure. 

Stage 2 – Final Written Warning   

If the offence is serious, or there is no improvement in standards, or if a further offence of a similar kind occurs, a final written warning may be given. This warning represents the second stage of the formal procedure. The warning will set out: the nature of the misconduct, the change in behaviour that is required, and your right of appeal.  

The warning will be recorded but disregarded after a period of 12 months of satisfactory service. The warning will also state the consequences of there being no improvement within this period, which will be that action will be taken under Stage 3 of this process.  

There may be exceptional circumstances where a final written warning is issued without a first written warning being live. This is likely, but not exclusively, to be an alternative sanction to dismissal.  

Stage 3 – Dismissal or action short of dismissal   

If conduct or performance has failed to improve, the employee may suffer redeployment, demotion, or dismissal.  

Gross misconduct  

If an employee has committed an offence of the following nature, the normal consequence will be dismissal without notice or payment in lieu of notice:  

• theft, fraud and misrepresentation 

• any involvement in bribery, or giving, receiving or facilitating bribes, or failing to disclose bribes 

• unauthorised entry to computer records or deliberate or attempted falsification of records, including unauthorised disclosure of information 

• a serious breach of the employer’s rules on email and internet usage, health and safety policy, security policy or data protection policy 

• fighting or assault, or deliberate or reckless damage to employer’s property 

• an inability to perform job duties through being under the influence of alcohol or drugs 

• a serious breach of the employer’s safety rules or a single error due to negligence which causes, or could have caused, significant loss, damage or injury to the employer, its employees or customers 

• conviction of a criminal offence that makes the employee unsuitable or unable to carry out his or her duties 

• a serious act of insubordination, such as deliberate refusal to carry out proper instructions

• acts of bullying, harassment, discrimination or intimidation, and defamation 

• a serious breach of trust or confidentiality, or 

• bringing my office into disrepute

This list is not intended to be an exhaustive one and only gives an indication of the types of offence that may be considered gross misconduct.

The employee may be suspended while the alleged gross misconduct is being investigated. A period of suspension should be regularly reviewed, kept as short as possible and will be on a fully paid basis. 

Appeals  

Employees have the right to appeal after a disciplinary sanction has been issued. This right to appeal must be exercised by writing to the person named in the letter confirming the outcome of the disciplinary hearing within five working days of receiving written notification of the disciplinary sanction. The letter should clearly state the grounds upon which the appeal is being lodged.

Wherever possible the employer will consider whether it is feasible for the appeal be heard by an independent party, although it remains the MP’s decision, as the employer, regarding any outcome. All appeals will be considered impartially.

You will be invited to an appeal hearing and you have the right to be accompanied by a work colleague or a Trade Union representative.

The appeal hearing may need to be adjourned if further investigations are required.

If your appeal is against dismissal, the dismissal decision will stand unless or until it is decided otherwise.

The decision at the appeal will be notified to you in writing, without unreasonable delay, and will be final and binding.

This procedure does not form part of any employee’s or worker’s contract of employment or engagement.

It may be amended from time to time and I may need to depart from it depending on the circumstances of any case.

This procedure applies to all employees regardless of length of service. However, discretion may be applied to vary this process for employees or workers with less than two years’ service.

Grievances are concerns, problems or complaints raised by a staff member with management. Anybody may at some time have problems or concerns with their working conditions or relationships with colleagues that they wish to raise. Most grievances can be resolved quickly and informally through discussion with your line manager or MP. If this does not resolve the matter, or is not appropriate, you may choose to raise a formal grievance. The formal grievance procedure is set out below.

If you have a grievance that relates to ongoing disciplinary proceedings against you, you should raise this during the disciplinary procedure (for example, during the disciplinary or appeal stage).

Step 1: Written grievance

If your grievance cannot be resolved informally, you should put your grievance in writing and submit it to me as your employer. If your grievance concerns me, you should still submit it to me, and I will treat all grievances fairly and objectively even if the grievance is about something I have allegedly said or done.

The written grievance should set out the nature of the complaint, including any relevant facts, dates, and names of individuals involved so that it can be investigated. It should also indicate the outcome that you are seeking.

However, if your grievance relates to bullying, harassment, or sexual misconduct, you may choose to raise it directly through the Independent Complaints and Grievance Scheme (ICGS).

If your complaint relates to bullying, harassment, or sexual misconduct you perceive to be caused by me, that complaint will need to be directed towards the ICGS as it would not be appropriate for me to investigate such claims.

Step 2: Meeting

I will arrange a grievance meeting, normally within one week of receiving your written grievance. However, if this is not possible, you will be informed of the reason for any delay. Every effort should be made to attend the meeting.

You may choose to be accompanied at the grievance meeting, if you wish, by a work colleague of a Trade Union representative, and you should inform me in advance of the name of your chosen companion.

If you or your companion cannot attend at the time specified you should let me know as soon as possible and I will try, within reason, to agree an alternative time.

Grievance meetings may be held remotely or in person, and you will be informed of the relevant arrangements. Where meetings are held remotely, you should let the person chairing the meeting know of any questions regarding joining instructions in advance of the meeting.

If you have a disability or health condition that may have an impact on your ability to participate in this procedure, whether remotely or in person, or if you need assistance (for example, where an employee has a hearing condition), you should let the person chairing the hearing know so they can make reasonable adjustments and appropriate arrangements for you.

The purpose of the meeting is for you to explain the nature of your complaint and what action you feel should be taken to resolve the matter. I may adjourn the meeting if I need to carry out further investigations, after which the meeting will usually be reconvened.

I will write to you, usually within one week of the last grievance meeting, to confirm the decision and notify you of any further action that I intend to take to resolve the grievance. I will also advise you of your right of appeal.

Step 3: Appeal

If the grievance has not been resolved to your satisfaction you may appeal.

Wherever possible I will consider whether it is feasible for the appeal be heard by an independent party, although it will remain my decision as the employer, regarding any outcome. All appeals will be considered impartially.

An appeal should be made in writing to me, stating your full grounds of appeal, within five working days of the date on which the decision was sent or given to you.

I will hold an appeal meeting, normally within two weeks of receiving the appeal.

You may choose to be accompanied at the appeal meeting, if you wish, by a work colleague of a Trade Union representative, and you should inform me in advance of the name of your chosen companion.

I will confirm the final decision in writing, usually within one week of the appeal hearing. There is no further right of appeal, and my decision will be final.

If you have any questions regarding the processes and procedures or would like to discuss a case, please contact the Members’ and Members’ Staff HR Advice Team on 020 7219 2080 or by email to membershr@parliament.uk.

Other sources of support

• House of Commons best practice guide – conducting investigations

• House of Commons best practice guide – grievance

• House of Commons best practice guide – managing misconduct

• UK Parliament – the Independent Complaints and Grievance Scheme (ICGS)

• Acas code of practice on disciplinary and grievance procedures

• Labour Relations Agency (NI) – code of practice on disciplinary and grievance procedures