Having to undertake disciplinary or grievance procedures is stressful for both employer and employee. There is a strict code of practice and procedure to follow when undertaking this action.
If the procedure is not followed correctly there could be the chance of a claim against you. Your business could also face a 25% uplift to an award in a successful claim for failing to comply with legal procedural requirements. If you are unsure of the procedure, speak to our employment solicitors who will guide you through the process and can even take over the procedure for you.
Disciplinary situations include misconduct and/or poor performance. Grievances are concerns, problems or complaints that employees raise with their employers.
Where formal action is required, what action is reasonable will be dependent on the specific case. What will most certainly be expected is a prompt response to dealing with issues, a consistent approach, investigation into the issue, communication and an opportunity for both parties to put forward their case. Employers should also allow employees to be accompanied at any formal disciplinary or grievance meeting and an appeal on the decision should always be allowed.
For more information read the ACAS Code of Practice.
For expert legal advice throughout a disciplinary or grievance process, speak to our employment team who can ensure you are protected from the costly repercussions of an employment tribunal claim.
Our employment team can also provide proactive support by drafting disciplinary, grievance and capability procedures for inclusion in your staff handbook.