Disciplinary and Grievance matters

Disciplinary and grievance situations can be difficult for all parties involved, especially for employees who may not know the correct procedures.

What are disciplinary and grievance procedures?

A disciplinary procedure outlines the process that an employer should follow when dealing with an employee whose behaviour may have fallen short of the acceptable standard. It will also usually include examples of such behaviours that may cause the disciplinary procedure to be used.

A grievance procedure is much the same as a disciplinary procedure but instead deals with complaints raised by an employee against a colleague or their employer regarding treatment believed to be wrong or unfair.

Disciplinary and grievance procedures will usually be included in an employer’s staff handbook or in a location easily accessible to employees.

The ACAS Code of Practice on disciplinary and grievance procedures

The ACAS Code on disciplinary and grievance procedures provides guidance that employers must follow to carry out a full and fair procedure. Both the procedure that an employer follows and an employee’s actions during the process are considered by an Employment Tribunal if a case becomes litigious.

I am subject to my employer’s disciplinary and/or grievance procedure, what should I expect? 

In the first instance, an informal process is recommended for disciplinaries and grievances. This usually involves an informal discussion where the unacceptable behaviour or complaint is raised with an employee. Such discussions may be held by the employee’s line manager or the individual making the complaint.

The formal process will be initiated when an informal process is inappropriate or fails to resolve the issue.

A formal disciplinary procedure will usually consist of:

• An investigation;
• A disciplinary hearing;
• The decision, including a potential penalty;
• A right of appeal.

Similarly, a formal grievance procedure usually consists of:

• A grievance submitted to the employer;
• The grievance is discussed with the aggrieved;
• An investigation;
• A grievance hearing;
• The decision, including a potential penalty;
• A right of appeal.

Potential Employment Tribunal claims

Employees may be able to bring a claim following their employer’s disciplinary or grievance procedure, including unfair, constructive or wrongful dismissal and discrimination claims.

In some successful claims where compensation is awarded, including unfair dismissal, an Employment Tribunal can adjust the award by up to 25% to either party if an employer or employee has unreasonably failed to comply with the ACAS Code. This could result in an employee’s compensation being uplifted where their employer is at fault.

We can assist in the early stages of disciplinary and grievance procedures, including preparing documents for the meeting.

Get in touch

Please contact our Employment Litigation team for friendly advice and support. You can contact us on 023 8063 9311 or email enquiries@warnergoodman.co.uk.