Grievance and Disciplinary Code of Practice in Ireland: Employer Guide

Ireland’s Code of Practice on Grievance and Disciplinary Procedures was declared by S.I. 146 of 2000, with the order dated 26 May 2000. It replaced the earlier code of 1996. This guide summarises the Code as published by the Workplace Relations Commission, and what it expects employers to put in place. It is general information and not legal advice. For another view of how workplace disputes are handled, see our guide to the bullying at work code of practice, and for general principles see our disciplinary and grievance essentials guide.

Status of the Code

The Code was issued by the Labour Relations Commission under section 42 of the Industrial Relations Act 1990. It is described as general guidance. The Explanatory Note says it is not part of the instrument and not a legal interpretation. The document we read does not say how the Code may be used as evidence in proceedings. It refers to other legislation and to unfair dismissal case law as setting the standards for handling grievances and discipline.

Written procedures

The Code says procedures should be in writing and presented in a format and language that is easily understood. Copies should go to all employees at the start of employment and should be included in induction, refresher training and union representative training. Managers, supervisors and employee representatives should know the procedures and follow them. Procedures should be reviewed and updated periodically. They should specify the management level involved at each stage and the consequences of breaches that could warrant suspension or dismissal.

Grievances

The Code says good practice is to raise the issue with the immediate manager first. If it is not resolved, it moves through senior management, HR or industrial relations staff and employee representation as appropriate, and then to an internal or external third party under local arrangements. As a general rule, the employee and immediate manager or supervisor should try to resolve the issue, possibly informally or privately. Grievances must be fairly examined and processed.

Discipline

The Code lists possible disciplinary actions: an oral warning, a written warning, a final written warning, suspension without pay, transfer, demotion, other action short of dismissal, and dismissal. Steps are generally progressive, but more serious action, including dismissal, may be warranted earlier if the fair procedure requirements are still met. Suspension on full pay is permitted pending an investigation. Warnings should be removed from records after a specified period, and the employee should be told. The Code does not state the period.

Fair procedures

• The details of any allegation or complaint must be put to the employee, who must have a full opportunity to respond.
• Where the principles of fair procedure require it, allegations should be in writing, the source disclosed, and the employee allowed to question witnesses.
• The employee must be given the opportunity to be represented. An employee representative includes a colleague of the employee’s choice and a registered trade union, but not any other person or body unconnected with the enterprise.
• Determinations must be fair and impartial, considering representations and relevant evidence.
• An internal appeal mechanism must be available.

The Code says its principles apply unless agreed local procedures conform to its general provisions.

Our suggestions

These are our own practical suggestions, not WRC guidance. Check that your handbook names the manager at each stage and that the employee receives it on day one. Set out the warning stages and say how long each warning stays on file, since the Code leaves that period to the employer. Decide who hears appeals and make sure they were not involved earlier. Keep a written record of each meeting, the allegations put, and the response received.

What the sources do not say

The Code sets no time limits for any stage, response, appeal or decision. It does not give details on who hears an appeal or how, the length or conditions of a suspension, a list of gross misconduct offences, record formats or retention periods, or training frequency. It does not describe the consequences of non-compliance. Employers who want certainty on those points should take legal advice.

If a process ends in dismissal, see our unfair dismissal guide.

Frequently asked questions

Does the Code set time limits?

No. The document we read sets no time limits for any stage.

Who can accompany an employee?

A colleague of the employee’s choice or a registered trade union. The Code excludes other persons or bodies unconnected with the enterprise.

Can an employer suspend an employee?

The Code allows suspension on full pay pending an investigation, and lists suspension without pay as a possible disciplinary action.

Does an employee have a right to appeal?

The Code lists an internal appeal mechanism as an essential element of fair procedures, without further detail.

Turning the Code into a handbook

The Code is general guidance, but its points translate into concrete handbook content. A grievance section can name the first point of contact, the next level if the issue is not resolved, and any internal or external third party the employer uses. A disciplinary section can set out the range of possible actions, from an oral warning to dismissal, say that suspension on full pay may be used pending an investigation, and state how long warnings remain on file. Both sections can describe how representation works, using the Code’s wording on a colleague or registered trade union. The handbook can also say how an employee appeals internally. These are our own suggestions for applying the Code, and any handbook should be checked against current law before it is issued.

Next steps

Learnsignal’s offices are off Baggot Street in Dublin, and we offer in-person training from there. For current details, see our CPD pages.