Disciplinary and Grievance Procedures

If you are experiencing difficulties at work, our specialist employment team can provide you with the expert assistance you require.

Disciplinary issues usually involve an allegation of misconduct against an employee, whereas a grievance will involve a complaint or concern being raised by an employee to their employer. Either way, it is important that these issues be dealt with fairly by the employer, investigated thoroughly and that your key rights, such as being entitled to be accompanied at a formal disciplinary or grievance meeting, are protected.

We can advise you throughout the process, ensuring that the matter is being dealt with correctly, and can assist with preparing the necessary letters to your employer, including letters appealing your employer’s decision if required. If the disciplinary process leads to your dismissal or if your grievance is not dealt with fairly, we can advise you in bringing a claim in the Employment Tribunal.

Disciplinary at work

Receiving a disciplinary notice at work can be a stressful issue which could result in you being suspended, depending on how serious the issues is. If you do face disciplinary action at work your employer has a duty to you to make sure it is dealt with legally by putting the disciplinary process in writing which needs to include:

• your employer’s disciplinary procedure rules
• what performance and behaviour might lead to disciplinary action
• what action your employer might take and your right to appeal

Grievance procedures

If you have a grievance at work, it can make your life very stressful. It is often hard for an employee to raise a grievance as it is against their employer. However if you want to formally resolve any issues between the parties a formal grievance complaint is very useful.

Your employer will have a grievance procedure which should be available to all employees in the company handbook/manual. This will help you understand what needs to happen next and will give you information on the grievance procedure including: 

• being able to write a letter to your employer giving details of your grievance
• be able to meet with your employer to discuss the issues which lead to the grievance complaint 
• the fact that you must be given the opportunity to appeal the decision

We can advise you throughout the process, ensuring that the matter is being dealt with correctly, and can assist with preparing and drafting relevant documentation and correspondence with the employer. Whatever the outcome of the disciplinary or grievance process we can also provide support and advice as to what further steps can be taken (if necessary), which may include the need to commence Employment Tribunal proceedings.

If you are currently facing a disciplinary process or considering raising a grievance, please contact us for a free initial consultation. We would also strongly recommend that you take a look at the ACAS Code of Practice on Disciplinary and Grievance Procedures, which places obligations on both employees and employers to comply with its provisions or face possible sanctions at any future Employment Tribunal proceedings.

For more information, why not download our Employment law guides, click the links below or telephone our team on 0114 272 1884