Disciplinary and Grievance
Disciplinary and grievance procedures are used to resolve issues in the workplace. Disciplinary procedures will normally be commenced by the employer where there are concerns with an employee’s conduct or performance. Alternatively, a grievance procedure will be instigated by an employee who wishes to raise a complaint in connection with their employment.
Both procedures are designed to deal with workplace disputes internally so as to avoid and/or remedy unfair behaviour or treatment. The importance of disciplinary and grievance procedures is recognised by ACAS within a Code of Practice that applies to both employers and employees.
Although the Code of Practice is not legislation, Employment Tribunals have authority to reduce or uplift compensation awards by a maximum of 25% where either party cannot demonstrate compliance.
If an employee is invited to an investigation meeting or disciplinary hearing by their employer, they should first locate the disciplinary procedure so that they can understand the process and the potential consequences. A disciplinary procedure can usually be found in a staff handbook. Reading the disciplinary procedure will also enable the employee to identify any non-compliance on the employer’s part during the process which could form the subject of an appeal against the outcome.
If and when drafting an appeal to a disciplinary decision, employees might consider instructing Hatch Brenner Solicitors to assist with the preparation of legal arguments to overturn the decision made by the employer.
Similarly, if employees are considering raising a formal grievance against their employer, they too should consider any information provided under a grievance procedure. It might also be advantageous to seek legal advice for guidance about the content of the grievance and the outcomes to be sought.
The core principles of the ACAS Code of Practice are fairness and transparency. If those principles are not adhered to when conducting disciplinary and grievance procedures this could result in an employee being unfairly sanctioned or not receiving the appropriate redress for treatment they have complained to their employer about. An employee may well have grounds for further action if these procedures are not carried out properly.
How we can help
We can advise you of the process that should be followed and what the possible outcomes could be. We can consider whether you are being judged against reasonable and consistent standards and given a real opportunity to improve. If appropriate, we can contact your employer on your behalf to attempt to resolve the matter by way of a settlement.
What’s involved
If you are unhappy at work, the first step in protecting your position is to raise a clear and compelling grievance. If your employer has a policy confirming how grievances should be presented, you need to make sure that you comply with those requirements.
We can assist you in drafting a grievance letter, which can lead to an effective and immediate result. We can advise you as to the process that your employer should follow and whether or not the proposed resolution is appropriate.
If your employer cannot or will not resolve your grievance to your satisfaction, we can advise what further action you can take. As the grievance is usually the basis for any case against your employer, it is important to ensure that you take a robust but reasonable approach.
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